- Latest available (Revised)
- Point in Time (01/11/1995)
- Original (As enacted)
Version Superseded: 23/11/1995
Point in time view as at 01/11/1995. This version of this provision has been superseded.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 336 is up to date with all changes known to be in force on or before 17 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.
(l) In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section and to any transitional provision made by the Planning (Consequential Provisions) Act 1990—
“the 1944 Act” means the Town and Country Planning Act 1944;
“the 1947 Act” means the M1Town and Country Planning Act 1947;
“the 1954 Act” means the M2Town and Country Planning Act 1954;
“the 1959 Act” means the M3Town and Country Planning Act 1959;
“the 1962 Act” means the M4Town and Country Planning Act 1962;
“the 1968 Act” means the M5Town and Country Planning Act 1968;
“the 1971 Act” means the M6Town and Country Planning Act 1971;
“acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;
“advertisement” means any word, letter, model, sign, placard, board, notice [F1awning, blind], device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the previous provisions of this definition) includes any hoarding or similar structure used [F1or designed], or adapted for use [F1and anything else principally used, or designed or adapted principally for use,], for the display of advertisements, and references to the display of advertisements shall be construed accordingly;
“aftercare condition” has the meaning given in paragraph 2(2) of Schedule 5;
“aftercare scheme” has the meaning given in paragraph 2(3) of Schedule 5;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“the appropriate Minister” has the meaning given in section 265;
“authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected or a body (being a parish council, community council or parish meeting) on whose behalf a district council or county council could be or have been so authorised;
“authority to whom Part II of the 1959 Act applies” means a body of any of the descriptions specified in Part I of Schedule 4 to the 1959 Act;
[F2“breach of condition notice” has the meaning given in section 187A;
[F3“breach of planning control” has the meaning given in section 171A]]
“bridleway” has the same meaning as in the M7Highways Act 1980;
“the Broads” has the same meaning as in the M8Norfolk and Suffolk Broads Act 1988;
“building” includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;
“buildings or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly [F4and references to the removal of buildings or works include demolition of buildings and filling in of trenches];
[F5“building operations” has the meaning given by section 55]
“caravan site” has the meaning given in section 1(4) of the M9Caravan Sites and Control of Development Act 1960;
“clearing”, in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation to it as may be prescribed;
“common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;
“compulsory acquisition” does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;
“conservation area” means an area designated under section 69 of the Planning M10(Listed Buildings and Conservation Areas) Act 1990;
[F6“depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;]
“development” has the meaning given in section 55, and “develop” shall be construed accordingly;
F7. . .
“development order” has the meaning given in section 59;
“development plan” shall be construed in accordance with sections 27 and 54 (but subject to the transitional provisions in Schedule 2 [F8and Part III of Schedule 4 to the Planning and Compensation Act 1991]);
“disposal” means disposal by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other manner, except by way of appropriation, gift or mortgage, and “dispose of” shall be construed accordingly;
“enactment” includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament;
“enforcement notice” means a notice under section 172;
“engineering operations” includes the formation or laying out of means of access to highways;
“enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission in accordance with section 88;
“erection”, in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;
F9. . .
“footpath” has the same meaning as in the M11Highways Act 1980;
“fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
“functions” includes powers and duties;
“government department” includes any Minister of the Crown;
“the Greater London Development Plan” means the development plan submitted to the Minister of Housing and Local Government under section 25 of the M12London Government Act 1963 and approved by the Secretary of State under section 5 of the 1962 Act or the corresponding provision of the 1971 Act;
“highway” has the same meaning as in the M13Highways Act 1980 ;
“improvement”, in relation to a highway, has the same meaning as in the Highways Act 1980;
“joint planning board” has the meaning given in section 2;
“land” means any corporeal hereditament, including a building, and, in relation to the acquisition of land under Part IX, includes any interest in or right over land;
“lease” includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage, and “leasehold interest” means the interest of the tenant under a lease as so defined;
“local authority” (except in section 252 and subject to subsection (10)) means—
[F10(a)a billing authority or a precepting authority (except the Receiver for the Metropolitan Police District), as defined in section 69 of the Local Government Finance Act 1992;
(aa)a combined police authority or a combined fire authority, as defined in section 144 of the M14Local Government Finance Act 1988;]
(b)a levying body within the meaning of section 74 of that Act; and
(c)a body as regards which section 75 of that Act applies;
and includes any joint board or joint committee if all the constituent authorities are local authorities within paragraph (a), (b) or (c);
“local highway authority” means a highway authority other than the Secretary of State;
“local planning authority” shall be construed in accordance with Part I;
“London borough” includes the City of London, references to the council of a London borough or the clerk to such a council being construed, in relation to the City, as references to the Common Council of the City and the town clerk of the City respectively;
“means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;
F7. . .
“mineral planning authority” has the meaning given in section 1(4);
“mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;
“minerals” includes all [F11substances] of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale;
“Minister” means any Minister of the Crown or other government department;
“mortgage” includes any charge or lien on any property for securing money or money’s worth;
F12. . .
“open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;
“operational land” has the meaning given in section 263;
“owner”, in relation to any land, means F13. . .a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;
“the planning Acts” means this Act, the M15Planning (Listed Buildings and Conservation Areas) Act 1990, the M16Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990;
[F14“planning contravention notice” has the meaning given in section 171C]
“planning decision” means a decision made on an application under Part III;
“planning permission” means permission under Part III, F15. . .
“planning permission granted for a limited period” has the meaning given in section 72(2)
“prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;
F12. . .
“public gas supplier” has the same meaning as in Part I of the M17Gas Act 1986;
“purchase notice” has the meaning given in section 137;
F16. . .
“replacement of open space”, in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;
“restoration condition” has the meaning given in paragraph 2(2) of Schedule 5;
F16. . .
“simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with sections 82 and 83;
F16. . .
“statutory undertakers” and “statutory undertaking” have the meanings given in section 262;
“steps for the protection of the environment” has the meaning given in paragraph 5(4) of Schedule 9;
“stop notice” has the meaning given in section 183;
“suspension order” has the meaning given in paragraph 5 of Schedule 9; and
“supplementary suspension order” has the meaning given in paragraph 6 of Schedule 9;
“tenancy” has the same meaning as in the M18Landlord and Tenant Act 1954 ;
“tree preservation order” has the meaning given in section 198;
“urban development area” and “urban development corporation” have the same meanings as in Part XVI of the M19Local Government, Planning and Land Act 1980;
“use”, in relation to land, does not include the use of land for the carrying out of any building or other operations on it;
“Valuation Office” means the Valuation Office of the Inland Revenue Department;
“war damage” has the meaning given in the M20War Damage Act 1943.
[F6“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.]
(2)If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.
(3)If any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.
(4)Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.
(5)With respect to references in this Act to planning decisions—
(a)in relation to a decision altered on appeal by the reversal or variation of the whole or part of it, such references shall be construed as references to the decision as so altered;
(b)in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Secretary of State on the appeal;
(c)in relation to a decision given on an appeal in the circumstances mentioned in section 78(2), such references shall be construed as references to the decision so given;
(d)the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the local planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 78(2), the end of the period there mentioned.
(6)Section 56 shall apply for determining for the purposes of this Act when development of land shall be taken to be initiated.
(7)In relation to the sale or acquisition of an interest in land—
(a)in a case where the interest is or was conveyed or assigned without a preliminary contract, references in this Act to a contract are references to the conveyance or assignment; and
(b)references to the making of a contract are references to the execution of it.
(8)In this Act—
(a)references to a person from whom title is derived by another person include references to any predecessor in title of that other person;
(b)references to a person deriving title from another person include references to any successor in title of that other person;
(c)references to deriving title are references to deriving title either directly or indirectly.
(9)References in the planning Acts to any of the provisions [F17of Parts III, VII and VIII] include, except where the context otherwise requires, references to those provisions as modified under section 316 F18. . ..
(10)In section 90, Chapter I of Part VI, and [F19section] 330 “local authority”, in relation to land in the Broads, includes the Broads Authority.
Textual Amendments
F1Words 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
F2Definition 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
F3Definition 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)
F4Words 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)
F5Definition 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)
F6Definitions 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)
F7Definitions 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
F8Words in s. 336(1) inserted (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 para. 34 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4
F9Definition 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
F10Paras.(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
F11Word 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)
F12Definitions 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)
F13Words 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
F14Definition 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)
F15Words 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)
F16Definitions 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
F17Words 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
F18Words 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
F19Words 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)
C1S. 336: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
C2S. 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)
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: