Planning and Compulsory Purchase Act 2004

Part 9 E+W Miscellaneous and general

Crown E+W

111 Crown E+W

(1) This Act (except Part 8) binds the Crown.

(2) The amendment of an enactment by or by virtue of Part 8 applies to the Crown to the extent that the enactment amended so applies.

Commencement Information

I1 S. 111(1) in force at 7.6.2006 by S.I. 2006/1281, art. 3

I2 S. 111(2) in force at 31.10.2004 by S.I. 2004/2593, art. 2(b)

Parliament E+W

112 Parliament E+W

The planning Acts and this Act have effect despite any rule of law relating to Parliament or the law and practice of Parliament.

Commencement Information

I3 S. 112 in force at 7.6.2006 by S.I. 2006/1281, art. 2(b)

Miscellaneous E+W

113 Validity of strategies, plans and documents E+W

(1) This section applies to—

(a) a revision of [F1 the regional strategy];

(b) [F2 the Wales Spatial Plan;]

[F2 the National Development Framework for Wales;

(ba) a strategic development plan;]

(c) a development plan document;

(d) a local development plan;

(e) a revision of a document mentioned in paragraph (b), [F3 (ba),] (c) or (d);

(f) the Mayor of London’s spatial development strategy;

(g) an alteration or replacement of the spatial development strategy,

and anything falling within paragraphs (a) to (g) is referred to in this section as a relevant document.

(2) A relevant document must not be questioned in any legal proceedings except in so far as is provided by the following provisions of this section.

(3) A person aggrieved by a relevant document may make an application to the High Court on the ground that—

(a) the document is not within the appropriate power;

(b) a procedural requirement has not been complied with.

[F4 (3A) An application may not be made under subsection (3) without the leave of the High Court.

(3B) An application for leave for the purposes of subsection (3A) must be made before the end of the period of six weeks beginning with the day after the relevant date.]

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The High Court may make an interim order suspending the operation of the relevant document—

(a) wholly or in part;

(b) generally or as it affects the property of the applicant.

[F6 (5A) An interim order has effect—

(a) if made on an application for leave, until the final determination of—

(i) the question of whether leave should be granted, or

(ii) where leave is granted, the proceedings on any application under this section made with such leave;

(b) in any other case, until the proceedings are finally determined.]

(6) Subsection (7) applies if the High Court is satisfied—

(a) that a relevant document is to any extent outside the appropriate power;

(b) that the interests of the applicant have been substantially prejudiced by a failure to comply with a procedural requirement.

[F7 (7) The High Court may—

(a) quash the relevant document;

(b) remit the relevant document to a person or body with a function relating to its preparation, publication, adoption or approval.

(7A) If the High Court remits the relevant document under subsection (7)(b) it may give directions as to the action to be taken in relation to the document.

(7B) Directions under subsection (7A) may in particular—

(a) require the relevant document to be treated (generally or for specified purposes) as not having been approved or adopted;

(b) require specified steps in the process that has resulted in the approval or adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;

(c) require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the document (whether or not the person or body to which the document is remitted);

(d) require action to be taken by one person or body to depend on what action has been taken by another person or body.

(7C) The High Court's powers under subsections (7) and (7A) are exercisable in relation to the relevant document—

(a) wholly or in part;

(b) generally or as it affects the property of the applicant.]

F8 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The appropriate power is—

[F9 (a) Part 5 of the Local Democracy, Economic Development and Construction Act 2009 in the case of a revision of the regional strategy;]

(b) [F10 section 60 above in the case of the Wales Spatial Plan or any revision of it;]

[F10 sections 60 to 60C above in the case of the National Development Framework for Wales or a revised Framework;

(ba) in the case of a strategic development plan or any revision of it—

(i) section 60I above, and

(ii) sections 63 to 68, 68A(1), 69 to 71 and 73 to 78 above, as they apply in relation to strategic development plans (see section 60J);]

(c) Part 2 of this Act in the case of a development plan document or any revision of it;

(d) sections 62 to 78 above in the case of a local development plan or any revision of it;

(e) sections 334 to 343 of the Greater London Authority Act 1999 (c. 29) in the case of the spatial development strategy or any alteration or replacement of it.

(10) A procedural requirement is a requirement under the appropriate power or contained in regulations or an order made under that power which relates to the adoption, publication or approval of a relevant document.

(11) References to the relevant date must be construed as follows—

[F11 (a) for the purposes of a revision of the regional strategy, the date when the revision is published by the Secretary of State under Part 5 of Local Democracy, Economic Development and Construction Act 2009;]

(b) [F12 for the purposes of the Wales Spatial Plan (or a revision of it), the date when it is approved by the National Assembly for Wales;]

[F12 for the purposes of the National Development Framework for Wales (or a revised Framework), the date when it is published by the Welsh Ministers;

(ba) for the purposes of a strategic development plan (or a revision of it), the date when it is adopted by the strategic planning panel or approved by the Welsh Ministers (as the case may be);]

(c) for the purposes of a development plan document (or a revision of it), the date when it is adopted by the local planning authority or approved by the Secretary of State (as the case may be);

(d) for the purposes of a local development plan (or a revision of it), the date when it is adopted by a local planning authority in Wales or approved by the National Assembly for Wales (as the case may be);

(e) for the purposes of the spatial development strategy (or an alteration or replacement of it), the date when the Mayor of London publishes it.

[F13 (12) In this section references to a revision of the regional strategy include a revised strategy under section 79 of the Local Democracy, Economic Development and Construction Act 2009.]

Textual Amendments

F1 Words in s. 113(1)(a) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 19(2); S.I. 2009/3318, art. 4(gg)

F2 S. 113(1)(b)(ba) substituted for s. 113(1)(b) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 27(2)(a)

F3 Word in s. 113(1)(e) inserted (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 27(2)(b)

F4 S. 113(3A)(3B) inserted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 8(2); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(c))

F5 S. 113(4) omitted (26.10.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 8(3); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(c))

F6 S. 113(5A) inserted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 8(4); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(c))

F7 S. 113(7)-(7C) substituted for s. 113(7) (6.4.2009 for E.) by Planning Act 2008 (c. 29), ss. 185, 241(3), (4) (with s. 226); S.I. 2009/400, art. 5(a)

F8 S. 113(8) omitted (26.10.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 8(5); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(c))

F9 S. 113(9)(a) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 19(3); S.I. 2009/3318, art. 4(gg)

F10 S. 113(9)(b)(ba) substituted for s. 113(9)(b) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 27(3)

F11 S. 113(11)(a) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 19(4); S.I. 2009/3318, art. 4(gg)

F12 S. 113(11)(b)(ba) substituted for s. 113(11)(b) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 27(4)

F13 S. 113(12) inserted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(5), Sch. 5 para. 19(5); S.I. 2009/3318, art. 4(gg)

Modifications etc. (not altering text)

C1 S. 113 applied in part (with modifications) (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 4(5), Sch. 1 Pt. 2

C2 S. 113 applied (with modifications) (8.5.2018) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(5), 11(5), Sch. 2 Pt. 2

Commencement Information

I4 S. 113 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(e)

I5 S. 113 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(c)

114 Examinations E+W

An examination of any document or plan for the purposes of Part 2 or Part 6 of this Act is a statutory inquiry within the meaning of the Tribunals and Inquiries Act 1992 (c. 53).

Commencement Information

I6 S. 114 in force at 28.9.2004 for specified purposes for E. by S.I. 2004/2202, art. 2(f)

I7 S. 114 in force at 15.10.2005 for W. by S.I. 2005/2847, art. 2(d)

115 Grants for advice and assistance E+W

In the principal Act after section 304 (grants for research and education) there is inserted the following section—

“304A Grants for advice and assistance

(1) The appropriate authority may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to—

(a) the planning Acts;

(b) the Planning and Compulsory Purchase Act 2004;

(c) the enactments mentioned in subsection (2).

(2) The enactments are enactments which relate to planning contained in the following Acts—

(a) the Planning and Compensation Act 1991;

(b) the Transport and Works Act 1992;

(c) the Environment Act 1995.

(3) The appropriate authority may make a grant subject to such terms and conditions as it thinks appropriate.

(4) Person includes a body whether or not incorporated.

(5) The appropriate authority is—

(a) the Secretary of State in relation to England;

(b) the National Assembly for Wales in relation to Wales.”

116 Isles of Scilly E+W

(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2) An order may in particular provide for—

(a) the Council of the Isles of Scilly to enter into arrangements in pursuance of section 4;

(b) the exercise by the Council of the Isles of Scilly of any function exercisable by a local planning authority under Part 2[F14 or 3 ].

(3) But an order must not be made under this section unless the Secretary of State has consulted the Council of the Isles of Scilly.

Textual Amendments

F14 Words in s. 116(2)(b) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 12 para. 30; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

Commencement Information

I8 S. 116 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I9 S. 116 in force at 24.8.2005 in so far as not already in force by S.I. 2005/2081, art. 3

117 Interpretation E+W

(1) Expressions used in this Act and in the principal Act have the same meaning in this Act as in that Act.

(2) Expressions used in this Act and in the listed buildings Act have the same meaning in this Act as in that Act.

(3) Expressions used in this Act and in the hazardous substances Act have the same meaning in this Act as in that Act.

(4) The planning Acts are—

(a) the principal Act;

(b) the listed buildings Act;

(c) the hazardous substances Act;

(d) the Planning (Consequential Provisions) Act 1990 (c. 11).

(5) The principal Act is the Town and Country Planning Act 1990 (c. 8).

(6) The listed buildings Act is the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9).

(7) The hazardous substances Act is the Planning (Hazardous Substances) Act 1990 (c. 10).

(8) The Scottish planning Acts are—

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

(b) the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9);

(c) the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10); and

(d) the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11).

Commencement Information

I10 S. 117(1)-(7) in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I11 S. 117(1)-(7) in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(b)

I12 S. 117(8) in force at 12.6.2006 by S.S.I. 2006/268, art. 3(c)

General E+W

118 Amendments E+W

(1) Schedule 6 contains amendments of the planning Acts.

(2) Schedule 7 contains amendments of other enactments.

(3) A reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an enactment amended by this Act must be taken to be a reference to the enactment as so amended.

(4) But subsection (3) does not affect such an enactment to the extent that the amendment makes express provision in connection with the exercise of a function in relation to Wales.

Commencement Information

I13 S. 118 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I14 S. 118(1)(3)(4) in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(c)

I15 S. 118(2) in force at 28.9.2004 for specified purposes by S.I. 2004/2202, art. 3(c)

I16 S. 118(2) in force at 12.6.2006 for specified purposes for S. by S.S.I. 2006/268, art. 3(d)

119 Transitionals E+W

(1) Schedule 8 contains transitional provisions relating to Parts 1 and 2.

(2) The Scottish Ministers may by order make such transitional provision for Scotland, corresponding to the provisions of Schedule 4 and to section 30B of the hazardous substances Act (inserted by section 79(3)), as they consider necessary or expedient.

Commencement Information

I17 S. 119(1) in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I18 S. 119(1) in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(g)

I19 S. 119(2) in force at 20.3.2006 by S.S.I. 2006/101, art. 2

120 Repeals E+W

Schedule 9 contains repeals.

Commencement Information

I20 S. 120 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I21 S. 120 in force at 28.9.2004 for specified purposes for E.W. by S.I. 2004/2202, art. 3(d)

I22 S. 120 in force at 12.6.2006 for specified purposes for S. by S.S.I. 2006/268, art. 3(e)

121 Commencement E+W+S

(1) The preceding provisions of this Act (except section 115 and the provisions specified in subsections (4), (5) and (6)) come into force on such day as the Secretary of State may by order appoint.

(2) But the Secretary of State must not make an order which relates to any of the following provisions unless he first consults the National Assembly for Wales—

(a) Part 3;

(b) Part 4, except sections 44 and 55;

(c) Part 5;

(d) in Part 7, Chapter 1;

(e) Part 8;

(f) in this Part sections 113, 114, 117, 118 and 120;

(g) Schedules 3, 4, 6, 7 and 9.

(3) And the Secretary of State must not make an order which relates to section 91 unless he first consults and has the agreement of the Scottish Ministers.

[F15 (3A) Subsections (1) and (2) are subject to subsection (3B).

(3B) Section 43 (power to decline to determine applications) (so far as not in force on the day on which paragraph 7 of Schedule 7 of the Planning Act 2008 comes into force) comes into force on such day as may be appointed by order made by—

(a) the Secretary of State in relation to England;

(b) the Welsh Ministers in relation to Wales.]

(4) The following provisions come into force on such day as the Scottish Ministers may by order appoint—

(a) sections 90 and 92 to 98;

(b) Schedule 5;

(c) section 117(8);

(d) in so far as relating to the Town and Country Planning (Scotland) Act 1997, section 118(2) and Schedule 7;

(e) section 119(2); and

(f) in so far as relating to that Act, to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or to the Planning (Hazardous Substances) (Scotland) Act 1997, section 120 and Schedule 9.

(5) Part 6 comes into force in accordance with provision made by the National Assembly for Wales by order.

(6) In Schedule 7, paragraph 10(7) comes into force at the end of the period of two months starting on the day this Act is passed.

Textual Amendments

F15 S. 121(3A)(3B) inserted (26.1.2009) by Planning Act 2008 (c. 29), s. 241(6), Sch. 7 para. 7 (with s. 226)

122 Regulations and orders E+W+S

(1) A power to prescribe is (unless express provision is made to the contrary) a power to prescribe by regulations exercisable—

(a) by the Secretary of State in relation to England;

(b) by the [F16 Welsh Ministers] in relation to Wales.

(2) References in this section to subordinate legislation are to any order or regulations under this Act.

(3) Subordinate legislation—

(a) may make different provision for different purposes;

(b) may include such supplementary, incidental, consequential, saving or transitional provisions (including provision amending, repealing or revoking enactments) as the person making the subordinate legislation thinks necessary or expedient.

(4) A power to make subordinate legislation must be exercised by statutory instrument.

(5) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament unless it contains—

(a) [F17 regulations made by the Secretary of State under section 46;]

(b) an order under section 98, 116(1) or 119(2);

(c) an order under section 110(2);

(d) an order under section 121(1) to which subsection (8) applies;

(e) an order under section 121(4);

(f) provision amending or repealing an enactment contained in an Act;

(g) subordinate legislation made by the [F18 Welsh Ministers] .

(6) A statutory instrument mentioned in subsection (5)[F19 (a), ](c) or (f) must not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.

[F20 (6A) Subsection (6) does not apply in relation to a statutory instrument containing subordinate legislation made by the Welsh Ministers.

(6B) The Welsh Ministers must not make a statutory instrument containing subordinate legislation which includes provision amending or repealing an enactment contained in primary legislation unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(6C) A statutory instrument containing subordinate legislation made by the Welsh Ministers to which subsection (6B) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

(7) A statutory instrument containing an order under section 98 or 119(2) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(8) This subsection applies to an order which does not contain provision amending or repealing an enactment contained in an Act.

(9) A statutory instrument containing an order under section 121(4), if it includes provision amending or repealing an enactment contained in an Act, must not be made unless a draft of the instrument has been laid before and approved by resolution of the Scottish Parliament.

(10) In subsection (3), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament and in subsections (8) and (9), “Act” includes such an Act and “enactment” includes an enactment comprised in such an Act.

[F21 (11) In subsection (6B), “primary legislation” means—

(a) an Act of Parliament;

(b) an Act or Measure of the National Assembly for Wales.]

Textual Amendments

F16 Words in s. 122(1)(b) substituted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 1(2)

F17 S. 122(5)(a) repealed (6.4.2010 for E.W.) by Planning Act 2008 (c. 29), s. 241(8), Sch. 13 (with s. 226); S.I. 2010/566, art. 3(d), Sch.

F18 Words in s. 122(5)(g) substituted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 1(3)

F19 Word in s. 122(6) repealed (6.4.2010 for E.W.) by Planning Act 2008 (c. 29), s. 241(8), Sch. 13 (with s. 226); S.I. 2010/566, art. 3(d), Sch.

F20 S. 122(6A)-(6C) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 1(4)

F21 S. 122(11) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 1(5)

123 Finance E+W

(1) There is to be paid out of money provided by Parliament—

(a) any expenses of the Secretary of State in making grants in connection with the provision of advice and assistance in relation to the planning Acts;

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(2) There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums so payable under any other enactment.

124 Extent E+W

(1) Except as otherwise provided in this section, this Act extends to England and Wales only.

(2) Sections 111(1), 118(2), 120 to 122, this section and section 125 extend also to Scotland.

(3) Sections 90 to 98, 117(8) and 119(2) extend to Scotland only.

(4) The extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked.

125 Short Title E+W

This Act may be cited as the Planning and Compulsory Purchase Act 2004.