- Latest available (Revised)
- Point in Time (10/03/2023)
- Original (As enacted)
Version Superseded: 26/12/2023
Point in time view as at 10/03/2023. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Town and Country Planning Act 1990, Section 252 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Before making an order under section 247, 248, 249 or 251 the Secretary of State [F1or, as the case may be, the council of a London borough] shall publish in at least one local newspaper circulating in the relevant area, and in the London Gazette, a notice—
(a)stating the general effect of the order;
(b)specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice (“the publication date”); and
(c)stating that any person may within that period by notice to the Secretary of State [F2or, as the case may be, the council of the London borough] object to the making of the order.
(2)Not later than the publication date, the Secretary of State [F3or, as the case may be, the council of the London borough] shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan—
(a)on every local authority in whose area any highway or, as the case may be, any land to which the order relates is situated, and
[F4(aa)on any National Park authority which is the local planning authority for the area in which any highway or, as the case may be, any land to which the order relates is situated, and]
(b)on any water, sewerage, hydraulic power or electricity undertakers or [F5public gas transporter] having any cables, mains, sewers, pipes or wires laid along, across, under or over any highway to be stopped up or diverted, or, as the case may be, any land over which a right of way is proposed to be extinguished, under the order.
(3)Not later than the publication date, the Secretary of State [F6or, as the case may be, the council of the London borough] shall also cause a copy of the notice to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted or, as the case may be, of the right of way proposed to be extinguished under the order.
[F7(3A)Where the Welsh Ministers are proposing to make an order under section 247, 248 or 251 in connection with development of national significance—
(a)subsection (1) has effect as if for “shall” there were substituted “may”;
(b)subsections (2) and (3) apply only if the Welsh Ministers publish a notice under subsection (1).]
(4)If before the end of the period of 28 days mentioned in subsection (1)(b) an objection is received by the Secretary of State [F8or, as the case may be, the council of the London borough,] from any local authority [F9National Park authority] or undertakers or [F5public gas transporter] on whom a notice is required to be served under subsection (2), or from any other person appearing to [F10to the Secretary of State or, as the case may be, the council] to be affected by the order, and the objection is not withdrawn, then
[F11(a)in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or
(b)in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies.]
(5)If, in a case where [F12the Secretary of State is proposing to make an order and] the objection is made by a person other than such a local authority or undertakers or [F5transporter], the Secretary of State is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary he may dispense with the inquiry.
[F13(5A)In a case where—
(a)the council of a London borough is proposing to make the order,
(b)the council has under subsection (4)(b) notified the Mayor of London of the objections, and
(c)none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection,
the Mayor of London shall decide whether, in the special circumstances of the case, the holding of such an inquiry is unnecessary, and if he decides that it is unnecessary he shall so notify the council which may dispense with the inquiry.]
(6)Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (local inquiries: evidence and costs) shall apply in relation to an inquiry caused to be held by the Secretary of State [F14or the council of a London borough] under subsection (4).
[F15(6A)In their application to an inquiry caused to be held by the council of a London borough—
(a)subsection (4) of section 250 of the Local Government Act 1972 shall be treated as if—
(i)for the reference to a Minister there were substituted a reference to the council of a London borough,
(ii)for the reference to him there were substituted a reference to the council,
(iii)for the reference to he there were substituted a reference to the council acting with the consent of the Mayor of London, and
(iv)for the references to the Minister there were substituted references to the council of the London borough, and
(b)subsection (5) of that section shall be treated as if—
(i)for the reference to the Minister there were substituted a reference to the council of a London borough, and
(ii)the power to make an order as to the costs of parties were subject to a requirement to act with the consent of the Mayor of London.]
[F16(6B)Where the Welsh Ministers are proposing to make an order under section 247, 248 or 251 in connection with development of national significance, subsections (6C) and (6D) apply in place of subsections (4) to (6).
(6C)The Welsh Ministers may cause a local inquiry to be held if—
(a)they have published a notice under subsection (1)(b),
(b)before the end of the period of 28 days mentioned in subsection (1)(b) they receive an objection from a person mentioned in subsection (2)(a) to (b), or from any other person appearing to them to be affected by the order, and
(c)the objection is not withdrawn.
(6D)Subsections (2) and (3) of section 250 of the Local Government Act 1972 and section 322C apply in relation to an inquiry caused to be held by the Welsh Ministers under subsection (6C).]
(7)Where publication of the notice mentioned in subsection (1) takes place on more than one day, the references in this section to the publication date are references to the latest date on which it is published.
(8)[F17Where the Secretary of State is proposing to make an order,] after considering any objections to the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may, subject to subsection (9), make the order either without modification or subject to such modifications as he thinks fit.
[F18(8A)Where the council of a London borough is proposing to make an order, after—
(a)considering any objections to the order which are not withdrawn, and
(b)where a local inquiry is held—
(i)considering the report of the person who held the inquiry, and
(ii)obtaining the consent of the Mayor of London to the making of the order,
the council may, subject to subsection (9), make the order either without modification or subject to such modification as it thinks fit.]
(9)Where—
(a)the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 247(4)(a); and
(b)objection to that provision is duly made by an authority or person who would be required by it to make such a payment, repayment or contribution; and
(c)the objection is not withdrawn,
the order shall be subject to special parliamentary procedure.
(10)Immediately after the order has been made, the Secretary of State [F19or, as the case may be, the council of the London borough] shall publish, in the manner specified in subsection (1), a notice stating that the order has been made and naming a place where a copy of the order may be seen at all reasonable hours.
[F20(10A)Nothing in subsection (2) shall require the council of a London borough to serve anything on itself.]
(11)Subsections (2), (3) and (7) shall have effect in relation to a notice under subsection (10) as they have effect in relation to a notice under subsection (1).
(12)In this section—
[F21“development of national significance” is to be interpreted in accordance with section 62D;]
“the relevant area”, in relation to an order, means the area in which any highway or land to which the order relates is situated;
“local authority” means the council of a county, [F22 county borough,] district, parish [F23, community] or London borough, [F24a [F25police and crime commissioner, the Mayor's Office for Policing and Crime,] . . . ] a joint authority established by Part IV of the M2Local Government Act 1985, [F26an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act,] [F27 a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] [F28the London Fire Commissioner,] a housing action trust established under Part III of the M3Housing Act 1988 [F29, the Residuary Body for Wales (Corff Gweddilliol Cymru)] and the parish meeting of a F30. . . parish not having a separate parish council;
and in subsection (2)—
(i)the reference to water undertakers shall be construed as including a reference to [F31the Environment Agency and the Natural Resources Body for Wales, and]
(ii)the reference to electricity undertakers shall be construed as a reference to holders of licences under section 6 of the M4Electricity Act 1989 who are entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.
Textual Amendments
F1Words in s. 252(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F2Words in s. 252(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F3Words in s. 252(2) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F4S. 252(2)(aa) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(7)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F5Words in s. 252(2)(b)(4)(5) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 18(1)(a)(b)(c); S.I. 1996/218, art. 2
F6Words in s. 252(3) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F7S. 252(3A) inserted (W.) (1.3.2016) by The Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 (S.I. 2016/53), regs. 1(1), 16(2)
F8Words in s. 252(4) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(5)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F9Words in s. 252(4) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(7)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F10Words in s. 252(4) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(5)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F11S. 252(4)(a)(b) substituted (3.7.2000) for words in s. 252(5) by 1999 c. 29, s. 270, Sch. 22 para. 7(5)(c) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F12Words in s. 252(5) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F13S. 252(5A) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(7) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F14Words in s. 252(6) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(8) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F15S. 252(6A) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(9) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F16S. 252(6B)-(6D) inserted (W.) (1.3.2016) by The Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 (S.I. 2016/53), regs. 1(1), 16(3)
F17Words in s. 252(8) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(10) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F18S. 252(8A) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(11) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F19Words in s. 252(10) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(12) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F20S. 252(10A) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 7(13) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F21Words in s. 252(12) inserted (W.) (1.3.2016) by The Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 (S.I. 2016/53), regs. 1(1), 16(4)
F22Words in the definition of "local authority" in s. 252(12) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(10)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F23Words in the definition of "local authority" in s. 252(12) inserted (1.10.1995) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(10)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 4(1), Sch. 2
F24Words in the definition of "local authority" in s. 252(12) inserted (1.10.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 63; S.I. 1994/2025, art. 6(1)(2)(g) (with art. 6(6)); S.I. 1994/3262, art. 4(1), Sch.
F25Words in s. 252(12) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 209; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 56)
F26S. 252(12): words in definition of "local authority" inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148, 149, Sch. 6 para. 82(2); S.I. 2009/3318, art. 2
F27Words in s. 252(12) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 69; S.I. 2017/399, reg. 2, Sch. para. 38
F28Words in s. 252(12) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 93; S.I. 2018/227, reg. 4(c)
F29Words in the definition of "local authority" in s. 252(12) inserted (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 32 (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2))
F30Word in the definition of "local authority" in s. 252(12) repealed (8.11.1995) by 1995 c. 44, s. 1(1), Sch. 1 Pt. VI
F31Words in s. 252(12)(i) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 201 (with Sch. 7)
Modifications etc. (not altering text)
C1S. 252 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 2(b)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: