- Latest available (Revised)
- Point in Time (06/03/2014)
- Original (As enacted)
Point in time view as at 06/03/2014.
Enterprise and Regulatory Reform Act 2013, Cross Heading: Town and Country Planning Act 1990 (c. 8) is up to date with all changes known to be in force on or before 01 September 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.
2E+WThe Town and Country Planning Act 1990 is amended as follows.
Commencement Information
I1Sch. 17 para. 2 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)
3E+WIn section 108 (compensation for refusal or conditional grant of planning permission formerly granted by order) after subsection (3E) insert—
“(3F)This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.”
Commencement Information
I2Sch. 17 para. 3 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)
4E+WIn section 171B (time limits for enforcement of breaches of planning control) after subsection (2) insert—
“(2A)There is no restriction on when enforcement action may be taken in relation to a breach of planning control in respect of relevant demolition (within the meaning of section 196D).”
Commencement Information
I3Sch. 17 para. 4 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)
5E+WIn section 174 (appeal against enforcement notice) before subsection (3) insert—
“(2C)Where any breach of planning control constituted by the matters stated in the notice relates to relevant demolition (within the meaning of section 196D), an appeal may also be brought on the grounds that—
(a)the relevant demolition was urgently necessary in the interests of safety or health;
(b)it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter; and
(c)the relevant demolition was the minimum measure necessary.”
Commencement Information
I4Sch. 17 para. 5 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)
6E+WAfter section 196C insert—
(1)It is an offence for a person to carry out or cause or permit to be carried out relevant demolition without the required planning permission.
(2)It is also an offence for a person to fail to comply with any condition or limitation subject to which planning permission for relevant demolition is granted.
(3)In this section “relevant demolition” means the demolition of a building that—
(a)is situated in a conservation area in England; and
(b)is not a building to which section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 does not apply by virtue of section 75 of that Act (listed buildings, certain ecclesiastical buildings, scheduled monuments and buildings described in a direction of the Secretary of State under that section).
(4)It is a defence for a person accused of an offence under this section to prove the following matters—
(a)that the relevant demolition was urgently necessary in the interests of safety or health;
(b)that it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter;
(c)that the relevant demolition was the minimum measure necessary; and
(d)that notice in writing of the relevant demolition was given to the local planning authority as soon as reasonably practicable.
(5)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.
(6)In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003, subsection (5)(a) has effect as if the reference to 12 months were to 6 months.
(7)In relation to an offence committed before the coming into force of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, subsection (5)(a) has effect as if the reference to a fine were a reference to a fine not exceeding £20,000.
(8)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to that person in consequence of the offence.
(9)Where, after a person commits an offence under this section, planning permission is granted for any development carried out before the grant of the permission, that grant does not affect the person's liability for the offence.”
Commencement Information
I5Sch. 17 para. 6 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)
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 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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: