Planning and Compulsory Purchase Act 2004

Part 1Regional functions

Spatial strategy

1Regional Spatial Strategy

Planning bodies

2Regional planning bodies

3RPB: general functions

4Assistance from certain local authorities

4ADelegation of RPB functions to regional development agencies

6RSS: community involvement

7RSS: Secretary of State’s functions

8RSS: examination in public

9RSS: further procedure

10Secretary of State: additional powers

Supplementary

12Supplementary

Part 2Local development

13Survey of area

14Survey of area: county councils

Development schemes

15Local development scheme

16Minerals and waste development scheme

17Local development documents

18Statement of community involvement

19Preparation of local development documents

20Independent examination

21Intervention by Secretary of State

22Withdrawal of local development documents

23Adoption of local development documents

24Conformity with regional strategy

25Revocation of local development documents

26Revision of local development documents

27Secretary of State’s default power

28Joint local development documents

Joint committees

29Joint committees

30Joint committees: additional functions

31Dissolution of joint committee

Miscellaneous

32Exclusion of certain representations

33Urban development corporations

33ADuty to co-operate in relation to planning of sustainable development

35Authorities monitoring reports

37Interpretation

Part 3Development

Development plan

38Development plan

38AMeaning of “neighbourhood development plan”

38BProvision that may be made by neighbourhood development plans

38CSupplementary provisions

Sustainable development

39Sustainable development

Part 4Development control

Local development orders

40Local development orders

Revision of development orders

41Effect of revision or revocation of development order on incomplete development

42Applications for planning permission and certain consents

43Power to decline to determine applications

Major infrastructure projects

44Major infrastructure projects

Simplified planning zones

45Simplified planning zones

Planning contribution

46Planning contribution

47Planning contribution: regulations

48Planning contribution: Wales

Miscellaneous

49Development to include certain internal operations

50Appeal made: functions of local planning authority

51Duration of permission and consent

52Temporary stop notice

53Fees and charges

54Duty to respond to consultation

55Time in which Secretary of State to take decisions

Part 5Correction of errors

56Correction of errors in decisions

57Correction notice

58Effect of correction

59Supplementary

60Wales Spatial Plan

62Local development plan

63Preparation requirements

64Independent examination

65Intervention by Assembly

66Withdrawal of local development plan

67Adoption of local development plan

68Revocation of local development plan

69Review of local development plan

70Revision of local development plan

71Assembly’s default power

72Joint local development plans

Miscellaneous

73Exclusion of certain representations

74Urban development corporations

76Annual monitoring report

78Interpretation

Part 7Crown application of planning Acts

Chapter 1England and Wales

Crown application

79Crown application of planning Acts

National security

80Special provision relating to national security

81Special provision relating to national security: Wales

Urgent development and works

82Urgent Crown development

83Urgent works relating to Crown land

84Enforcement in relation to Crown land

85Tree preservation orders: Forestry Commissioners

86Trees in conservation areas: acts of Crown

Miscellaneous

87Old mining permissions

88Subordinate legislation

89Crown application: transitional

Chapter 2Scotland

Crown application

90Crown application of Scottish planning Acts

National security

91Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland

Urgent development and works

92Urgent Crown development: Scotland

93Urgent works relating to Crown land: Scotland

94Enforcement in relation to Crown land: Scotland

95Tree preservation orders: Scotland

96Trees in conservation areas in Scotland: acts of Crown

Miscellaneous

97Old mining permissions: Scotland

98Subordinate legislation: Scotland

Part 8Compulsory purchase

Acquisition of land for development

99Compulsory acquisition of land for development etc

Authorisation of compulsory acquisition

100Procedure for authorisation by authority other than a Minister

101Procedure for authorisation by a Minister

102Confirmation by acquiring authority

Valuation date

103Assessment of compensation: valuation date

Advance payments

104Compensation: advance payments to mortgagees

105Power to require information

Loss payments

106Basic loss payment

107Occupier’s loss payment

108Loss payments: exclusions

109Loss payments: supplementary

Corresponding amendments of other enactments

110Corresponding amendments of other enactments

Part 9Miscellaneous and general

Miscellaneous

113Validity of strategies, plans and documents

114Examinations

115Grants for advice and assistance

116Isles of Scilly

117Interpretation

119Transitionals

121Commencement

122Regulations and orders

SCHEDULE 1Local development orders: procedure

In the principal Act after Schedule 4 (special provision as...

SCHEDULE 2Timetable for decisions

1This Schedule applies to any decision which must be taken...

2(1) This Schedule also applies to a decision not mentioned...

3But the Secretary of State may by order specify decisions...

4(1) The Secretary of State must make one or more...

5(1) The Secretary of State must notify the following persons...

6(1) This paragraph applies if before the time at which...

Written reasons

7If the Secretary of State fails to take any step...

Annual report

8(1) The Secretary of State must lay before Parliament a...

SCHEDULE 3Crown application

Purchase notices

1After section 137 of the principal Act (circumstances in which...

2After section 32 of the listed buildings Act (circumstances in...

Compulsory acquisition

3(1) Section 226 of the principal Act (compulsory acquisition of...

4(1) Section 228 of the principal Act (compulsory acquisition of...

5(1) Section 47 of the listed buildings Act (compulsory acquisition...

6(1) Section 293 of the principal Act (preliminary definitions) is...

7In the listed buildings Act after section 82B (inserted by...

8(1) Section 31 of the hazardous substances Act (exercise of...

Special enforcement notices

9(1) Sections 294 and 295 of the principal Act (control...

Applications for planning permission, etc.

10(1) After section 298 of the principal Act (supplementary provision...

11After section 82E of the listed buildings Act (inserted by...

12(1) After section 31 of the hazardous substances Act (exercise...

Rights of entry

13After section 325 of the principal Act (supplementary provisions as...

14After section 88B of the listed buildings Act (rights of...

15After section 36B of the hazardous substances Act (rights of...

Service of notices

16After section 329 of the principal Act (service of notices)...

Information as to interests in land

17After section 330 of the principal Act (power to require...

Listed buildings and conservation areas

18(1) Sections 83 and 84 of the listed buildings Act...

19(1) Section 89(1) of the listed buildings Act (application of...

Hazardous substances

20In section 17 of the hazardous substances Act (revocation of...

21(1) Section 37(2) of the hazardous substances Act (application of...

Miscellaneous

22Section 293(4) of the principal Act (certain persons treated as...

23Section 297 of the principal Act (agreements relating to Crown...

24(1) Section 298 of the principal Act (supplementary provisions as...

25Section 299A of the principal Act (Crown planning obligations) is...

26(1) Section 300 of the principal Act (tree preservation orders...

27(1) Section 301 of the principal Act (requirement of planning...

SCHEDULE 4Transitional provisions: Crown application

Part 1The principal Act

1This Part applies to a development if—

2In this Part— (a) the relevant date is the date...

Acceptable development

3(1) This paragraph applies if before the relevant date in...

4(1) This paragraph applies if before the relevant date the...

Referred proposals

5(1) This paragraph applies if— (a) before the relevant date...

Pending proposals

6(1) This paragraph applies if before the relevant date—

Part 2The listed buildings Act

7This Part applies to works if— (a) they are works...

8In this Part— (a) the relevant date is the date...

Acceptable works

9(1) This paragraph applies if before the relevant date in...

10(1) This paragraph applies if before the relevant date the...

Referred proposals

11(1) This paragraph applies if— (a) before the relevant date...

Pending proposals

12(1) This paragraph applies if before the relevant date—

SCHEDULE 5Crown application: Scotland

Purchase notices

1In the Town and Country Planning (Scotland) Act 1997 (c....

2In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act...

Compulsory acquisition

3(1) In the principal Scottish Act, section 189 (compulsory acquisition...

4(1) Section 190 of that Act (compulsory acquisition of land...

5(1) In the Scottish listed buildings Act, section 42 (compulsory...

6(1) In the principal Scottish Act, section 242 (preliminary definitions)...

7In the Scottish listed buildings Act, after section 73B (inserted...

8(1) In the Planning (Hazardous Substances) (Scotland) Act 1997 (c....

Special enforcement notices

9(1) Sections 243 and 244 of the principal Scottish Act...

Applications for planning permission, etc.

10(1) In the principal Scottish Act, after section 247 (supplementary...

11After section 73E of the Scottish listed buildings Act (inserted...

12In the Scottish hazardous substances Act, section 32 (application for...

13Before section 33 of that Act there is inserted— Applications...

Rights of entry

14After section 270 of the principal Scottish Act (supplementary provisions...

15After section 78 of the Scottish listed buildings Act (rights...

16After section 35 of the Scottish hazardous substances Act (rights...

Service of notices

17After section 271 of the principal Scottish Act (service of...

Information as to interests in land

18In the principal Scottish Act, after section 272 (power to...

Listed buildings and conservation areas

19(1) In the Scottish listed buildings Act, sections 74 and...

20(1) In the Scottish listed buildings Act, section 79 (application...

Hazardous substances

21In the Scottish hazardous substances Act, in section 15 (revocation...

22(1) In the Scottish hazardous substances Act, section 36 (application...

Miscellaneous

23Sections 242(4) (certain persons treated as having an interest in...

24In the principal Scottish Act, for section 247 (supplementary provisions...

25(1) In the principal Scottish Act, section 249 (tree preservation...

26(1) In the principal Scottish Act, section 250 (requirement of...

SCHEDULE 6Amendments of the planning Acts

Town and Country Planning Act 1990 (c. 8)

1The Town and Country Planning Act 1990 is amended as...

2In section 55(2)(b) (meaning of development) the word “local” is...

3For section 69 there is substituted the following section— Register...

4Section 76 (Duty to draw attention to certain provisions for...

5Sections 106 to 106B (planning obligations) are omitted.

6In section 108 (compensation for refusal of planning permission formerly...

7(1) In section 245 (modification of incorporated enactments), subsections (2)...

8In section 284(1) (restriction on challenge to validity of certain...

9(1) Section 287 (procedure for questioning the validity of certain...

10(1) Section 296 (exercise of powers in relation to Crown...

11(1) Section 303A (recovery of costs of certain inquiries) is...

12In section 306 (2) (local authorities and statutory undertakers may...

13In section 324(1) (rights of entry) for paragraph (a) there...

14(1) Section 333 (provision about regulations and orders) is amended...

15In section 336(1) (interpretation) for the definition of development plan...

16(1) Schedule 1 (distribution of functions of local planning authorities)...

17In Schedule 2 (transitional provisions relating to development plans) Parts...

18(1) Schedule 13 (blighted land) is amended as follows.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

19The Planning (Listed Buildings and Conservation Areas) Act 1990 is...

20In section 10(3) (regulations relating to applications for listed building...

21In section 23(2) (matters to which regard is to be...

22In section 26(2) (matters to which regard is to be...

23In section 67 (publicity for applications affecting the setting of...

24In section 73 (publicity for applications affecting conservation areas) for...

25In section 91(2) (interpretation) “ “development plan”” is omitted.

26In section 93 (provision about regulations and orders) after subsection...

Planning (Hazardous Substances) Act 1990 (c. 10)

27In section 40 of the Planning (Hazardous Substances) Act 1990...

SCHEDULE 7Amendments of other enactments

Gas Act 1965 (c. 36)

1In paragraph 7(2) of Schedule 3 of the Gas Act...

Finance Act 1969 (c. 32)

2In section 58(4) of the Finance Act 1969 (disclosure of...

Leasehold Reform Act 1967 (c. 88)

3In section 28(6)(a) of the Leasehold Reform Act 1967 (development...

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

4In section 12 of the Agriculture (Miscellaneous Provisions) Act 1968...

Countryside Act 1968 (c. 41)

5(1) Paragraph 3 of Schedule 2 to the Countryside Act...

Greater London Council (General Powers) Act 1969 (c lii)

6In section 13 of the Greater London Council (General Powers)...

Land Compensation Act 1973 (c. 26)

7(1) The Land Compensation Act 1973 is amended as follows....

Greater London Council (General Powers) Act 1973 (c xxx)

8In section 24(4) of the Greater London Council (General Powers)...

Welsh Development Agency Act 1975 (c. 70)

9(1) Schedule 4 to the Welsh Development Agency Act 1975...

Local Government, Planning and Land Act 1980 (c. 65)

10(1) The Local Government, Planning and Land Act 1980 is...

Highways Act 1980 (c. 66)

11(1) The Highways Act 1980 is amended as follows.

Acquisition of Land Act 1981 (c. 67)

12In section 29(5) of the Acquisition of Land Act 1981...

Housing Act 1985 (c. 68)

13(1) In section 578A of the Housing Act 1985 (modification...

Education Reform Act 1988 (c. 40)

14(1) The Education Reform Act 1988 is amended as follows....

Housing Act 1988 (c. 50)

15(1) Paragraph 2 of Schedule 10 to the Housing Act...

Planning and Compensation Act 1991 (c. 34)

16In Schedule 4 to the Planning and Compensation Act 1991...

Local Government Act 1992 (c. 19)

17In section 14(5) of the Local Government Act 1992 (structural...

18. . . . . . . . . ....

Environment Act 1995 (c. 25)

19(1) The Environment Act 1995 is amended as follows.

Town and Country Planning (Scotland) Act 1997 (c. 8)

20(1) The Town and Country Planning (Scotland) Act 1997 is...

Regional Development Agencies Act 1998 (c. 45)

21(1) Paragraph 1 of Schedule 5 to the Regional Development...

Greater London Authority Act 1999 (c. 29)

22(1) The Greater London Authority Act 1999 is amended as...

Countryside and Rights of Way Act 2000 (c. 37)

23In section 86(4) of the Countryside and Rights of Way...

SCHEDULE 8Transitional provisions: Parts 1 and 2

Development plan

1(1) During the transitional period a reference in an enactment...

Structure plans

2(1) This paragraph applies to proposals for the alteration or...

Unitary development plan

3(1) This paragraph applies to proposals for the alteration or...

4(1) This paragraph applies if— (a) before the relevant date...

5(1) If paragraph 4 does not apply the provisions of...

6If proposals are adopted or approved in pursuance of paragraph...

7(1) This paragraph applies if at the date of commencement...

8(1) This paragraph applies to proposals for the alteration or...

9(1) This paragraph applies if— (a) before the relevant date...

10(1) If paragraph 9 does not apply the provisions of...

11(1) This paragraph applies if the Secretary of State thinks—...

12If proposals are adopted or approved in pursuance of paragraphs...

13(1) This paragraph applies if at the date of commencement...

Minerals and waste local plans

14Paragraphs 8 to 13 above apply to a minerals local...

15(1) This paragraph applies to— (a) the local development scheme...

16(1) The repeal by this Act of paragraphs 1 to...

Regulations and orders

17(1) The Secretary of State may by regulations make provision...

18The Secretary of State may by regulations make provision—

Interpretation

19(1) References to section 27 of the principal Act must...

SCHEDULE 9Repeals

Royal arms

Planning and Compulsory Purchase Act 2004

2004 CHAPTER 5

An Act to make provision relating to spatial development and town and country planning; and the compulsory acquisition of land.

[13th May 2004]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—