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Town and Country Planning Act 1990 (c. 8)

(The document as of February, 2008)

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Town and Country Planning Act 1990

1990 CHAPTER 8

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Planning Authorities

    1. 1. Local planning authorities: general.

    2. 2. Joint planning boards.

    3. 3. Joint planning committee for Greater London.

    4. 4. National Parks.

    5. 5. The Broads.

    6. 6. Enterprise zones.

    7. 7. Urban development areas.

    8. 8. Housing action areas.

    9. 9. Power to make consequential and supplementary provision about authorities.

  2. Part II

    Development Plans

    1. Chapter I

      Unitary Development Plans: Metropolitan Areas Including London

      1. Preliminary

        1. 10. Application of Chapter I to Greater London and metropolitan counties.

      2. Surveys, etc.

        1. 11. Survey of planning areas.

      3. Preparation and adoption of unitary development plans

        1. 12. Preparation of unitary development plan.

        2. 13. Publicity in connection with preparation of unitary development plan.

        3. 14. Withdrawal of unitary development plan.

        4. 15. Adoption of unitary development plan by local planning authority.

        5. 16. Local inquiries.

      4. Secretary of State's powers concerning plans

        1. 17. Direction to reconsider proposals.

        2. 18. Calling in of unitary development plan for approval by Secretary of State.

        3. 19. Approval of unitary development plan by Secretary of State.

        4. 20. Local inquiry, public examination and consultation by Secretary of State.

      5. Alteration of plans

        1. 21. Alteration or replacement of unitary development plan.

        2. 22. Short procedure for certain alterations and replacements.

      6. Joint plans

        1. 23. Joint unitary development plans.

      7. Supplementary

        1. 24. Disregard of certain representations.

        2. 25. Default powers.

        3. 26. Regulations and directions.

        4. 27. Meaning of "development plan" in Greater London and metropolitan counties.

        5. 28. Commencement of Chapter I: transitional provisions.

    2. Chapter II

      Structure and Local Plans: Non-Metropolitan Areas

      1. Preliminary

        1. 29. Application of Chapter II to non-metropolitan areas.

      2. Surveys, etc.

        1. 30. Survey of planning areas.

      3. Structure plans

        1. 31. Structure plans: continuity, form and content.

        2. 32. Alteration and replacement of structure plans.

        3. 33. Publicity in connection with proposals for alteration or replacement of structure plans.

        4. 34. Withdrawal of proposals for alteration or replacement of structure plans.

        5. 35. Approval or rejection of proposals for alteration or replacement of structure plans.

      4. Local plans

        1. 36. Local plans.

        2. 37. Local plan schemes.

        3. 38. Power of Secretary of State to direct making of local plan, etc.

        4. 39. Publicity and consultation: general.

        5. 40. Publicity and consultation: short procedure for certain alterations, etc.

        6. 41. Powers of Secretary of State to secure adequate publicity and consultation.

        7. 42. Objections: local inquiry or other hearing.

        8. 43. Adoption of proposals.

        9. 44. Calling in of proposals for approval by Secretary of State.

        10. 45. Approval of proposals by Secretary of State.

      5. Conformity between plans

        1. 46. Certificate of conformity.

        2. 47. Alteration of structure plan.

        3. 48. Local plan to prevail in cases of conflict with structure plan.

      6. Supplementary

        1. 49. Disregarding of representations with respect to development authorised by or under other enactments.

        2. 50. Joint structure and local plans.

        3. 51. Default powers.

        4. 52. Reviews of plans in enterprise zones.

        5. 53. Supplementary provisions as to structure and local plans.

        6. 54. Meaning of "development plan" outside Greater London and the metropolitan counties.

  3. Part III

    Control over development

    1. Meaning of development

      1. 55. Meaning of "development" and "new development".

      2. 56. Time when development begun.

    2. Requirement for planning permission

      1. 57. Planning permission required for development.

      2. 58. Granting of planning permission: general.

    3. Development orders

      1. 59. Development orders: general.

      2. 60. Permission granted by development order.

      3. 61. Development orders: supplementary provisions.

    4. Applications for planning permission

      1. 62. Form and content of applications for planning permission.

      2. 63. Applications in connection with existing buildings and uses.

      3. 64. Applications to determine whether planning permission required.

    5. Publicity for applications

      1. 65. Publication of notices of applications for planning permission for designated development.

      2. 66. Notification of applications to owners and agricultural tenants.

      3. 67. Notification of applications for planning permission for mineral working.

      4. 68. Further provisions as to certificates under sections 65 to 67.

      5. 69. Registers of applications, etc.

    6. Determination of applications

      1. 70. Determination of applications: general considerations.

      2. 71. Consultations in connection with determinations under s. 70.

      3. 72. Conditional grant of planning permission.

      4. 73. Determination of applications to develop land without compliance with conditions previously attached.

      5. 74. Directions etc. as to method of dealing with applications.

      6. 75. Effect of planning permission.

      7. 76. Duty to draw attention to certain provisions for benefit of disabled.

    7. Secretary of State's powers as respects planning applications and decisions

      1. 77. Reference of applications to Secretary of State.

      2. 78. Right to appeal against planning decisions and failure to take such decisions.

        87. Exclusion of certain descriptions of land or development.

    8. Enterprise zone schemes

      1. 88. Planning permission for development in enterprise zones.

      2. 89. Effect on planning permission of modification or termination of scheme.

    9. Deemed planning permission

      1. 90. Development with government authorisation.

    10. Duration of planning permission

      1. 91. General condition limiting duration of planning permission.

      2. 92. Outline planning permission.

      3. 93. Provisions supplementary to ss. 91 and 92.

      4. 94. Termination of planning permission by reference to time limit: completion notices.

      5. 95. Effect of completion notice.

      6. 96. Power of Secretary of State to serve completion notices.

    11. Revocation and modification of planning permission

      1. 97. Power to revoke or modify planning permission.

      2. 98. Procedure for s. 97 orders: opposed cases.

      3. 99. Procedure for s. 97 orders: unopposed cases.

      4. 100. Revocation and modification of planning permission by the Secretary of State.

    12. References to Planning Inquiry Commission

      1. 101. Power to refer certain planning questions to Planning Inquiry Commission.

    13. Other controls over development

      1. 102. Orders requiring discontinuance of use or alteration or removal of buildings or works.

      2. 103. Confirmation by Secretary of State of s. 102 orders.

      3. 104. Power of the Secretary of State to make s. 102 orders.

      4. 105. Duty of mineral planning authorities to review mineral workings.

      5. 106. Agreements regulating development or use of land.

  4. Part IV

    Compensation for Effects of Certain Orders, Notices, etc.

    1. Compensation for revocation of planning permission, etc.

      1. 107. Compensation where planning permission revoked or modified.

      2. 108. Compensation for refusal or conditional grant of planning permission formerly granted by development order.

      3. 109. Apportionment of compensation for depreciation.

      4. 110. Registration of compensation for depreciation.

      5. 111. Recovery of compensation under s. 107 on subsequent development.

      6. 112. Amount recoverable under s. 111 and provisions for payment or remission of it.

      7. 113. Contribution by Secretary of State towards compensation in certain cases.

    2. Compensation for other planning decisions

      1. 114. Compensation for planning decisions restricting development other than new development.

      2. 115. Compensation in respect of orders under s. 102, etc.

      3. 116. Special basis for compensation in respect of certain orders affecting mineral working.

    3. General and supplemental provisions

      1. 117. General provisions as to compensation for depreciation under Part IV.

      2. 118. Determination of claims for compensation.

  5. Part V

    Compensation for restrictions on new development in Limited Cases

    1. Preliminary

      1. 119. Scope of Part V.

    2. Right to compensation

      1. 120. Right to compensation: general principles.

      2. 121. Planning decisions not ranking for compensation.

      3. 122. No compensation if certain other development permitted.

      4. 123. Further exclusions from compensation.

      5. 124. Grant of planning permission treated as subject to notional condition.

    3. Amount of compensation

      1. 125. General provisions as to amount of compensation.

      2. 126. Assessment of depreciation.

    4. Claims for and payment of compensation

      1. 127. General provisions as to claims for compensation.

      2. 128. Effect on claims of direction under s. 80.

      3. 129. Determination of claims.

      4. 130. Payment of compensation.

    5. Recovery of compensation

      1. 131. Apportionment of compensation.

      2. 132. Registration of compensation.

      3. 133. Recovery of compensation on subsequent development.

      4. 134. Amount recoverable and provisions for payment or remission of it.

    6. Supplementary provisions

      1. 135. Mortgages, rentcharges and settlements.

      2. 136. Calculation of value.

  6. Part VI

    Rights of owners etc. to require purchase of interests

    1. Chapter I

      Interests affected by planning decisions or orders

      1. Service of purchase notices

        1. 137. Circumstances in which purchase notices may be served.

        2. 138. Circumstances in which land incapable of reasonably beneficial use.

      2. Duties of authorities on service of purchase notice

        1. 139. Action by council on whom purchase notice is served.

        2. 140. Procedure on reference of purchase notice to Secretary of State.

        3. 141. Action by Secretary of State in relation to purchase notice.

        4. 142. Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.

        5. 143. Effect of Secretary of State's action in relation to purchase notice.

      3. Compensation

        1. 144. Special provisions as to compensation where purchase notice served.

      4. Special provisions for requiring purchase of whole of partially affected agricultural unit

        1. 145. Counter-notice requiring purchase of remainder of agricultural unit.

        2. 146. Effect of counter-notice under s. 145.

        3. 147. Provisions supplemental to ss. 145 and 146.

      5. Supplemental

        1. 148. Interpretation of Chapter I.

    2. Chapter II

      Interests Affected by Planning Proposals: Blight

      1. Preliminary

        1. 149. Scope of Chapter II.

      2. Blight notices

        1. 150. Notices requiring purchase of blighted land.

        2. 151. Counter-notices objecting to blight notices.

        3. 152. Further counter-notices where certain proposals have come into force.

        4. 153. Reference of objection to Lands Tribunal: general.

        5. 154. Effect of valid blight notice.

        6. 155. Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.

        7. 156. Withdrawal of blight notice.

      3. Compensation

        1. 157. Special provisions as to compensation for acquisitions in pursuance of blight notices.

      4. Special provisions for requiring purchase of whole of partially affected agricultural unit

        1. 158. Inclusion in blight notices of requirement to purchase parts of agricultural units unaffected by blight.

        2. 159. Objections to s. 158 notices.

        3. 160. Effect of notices served by virtue of s. 158.

      5. Personal representatives, mortgagees and partnerships

        1. 161. Powers of personal representatives in respect of blight notice.

        2. 162. Power of mortgagees to serve blight notice.

        3. 163. Prohibition on service of simultaneous notices under ss. 150, 161 and 162.

        4. 164. Special provisions as to partnerships.

      6. Miscellaneous and supplementary provisions

        1. 165. Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.

        2. 166. Saving for claimant's right to sell whole hereditament, etc.

        3. 167. No withdrawal of constructive notice to treat.

        4. 168. Meaning of "owner-occupier" and "resident owner–occupier".

        5. 169. "Appropriate authority" for purposes of Chapter II.

        6. 170. "Appropriate enactment" for purposes of Chapter II.

        7. 171. General interpretation of Chapter II.

  7. Part VII

    Enforcement

    1. Enforcement notices

      1. 172. Power to issue enforcement notice.

      2. 173. Contents of enforcement notice.

      3. 174. Appeal against enforcement notice.

      4. 175. Appeals: supplementary provisions.

      5. 176. General provisions relating to determination of appeals.

      6. 177. Grant or modification of planning permission on appeals against enforcement notices.

      7. 178. Execution and cost of works required by enforcement notice.

      8. 179. Penalties for non-compliance with enforcement notice.

      9. 180. Effect of planning permission on enforcement notice.

      10. 181. Enforcement notice to have effect against subsequent development.

      11. 182. Enforcement by the Secretary of State.

    2. Stop notices

      1. 183. Stop notices.

      2. 184. Stop notices: supplementary provisions.

      3. 185. Service of stop notices by Secretary of State.

      4. 186. Compensation for loss due to stop notice.

      5. 187. Penalties for contravention of stop notice.

    3. Registers

      1. 188. Register of enforcement and stop notices.

    4. Enforcement of orders for discontinuance of use, etc.

      1. 189. Penalties for contravention of orders under s. 102 and Schedule 9.

      2. 190. Enforcement of orders under s. 102 and Schedule 9.

    5. Established use certificates

      1. 191. Meaning of "established use".

      2. 192. Applications for established use certificates.

      3. 193. Supplementary provisions as to applications.

      4. 194. Determination of applications.

      5. 195. Appeals against refusal or failure to give decision on application.

      6. 196. Further provisions as to references and appeals to the Secretary of State.

  8. Part VIII

    Special Controls

    1. Chapter I

      Trees

      1. General duty of planning authorities as respects trees

        1. 197. Planning permission to include appropriate provision for preservation and planting of trees.

      2. Tree preservation orders

        1. 198. Power to make tree preservation orders.

        2. 199. Form of and procedure applicable to orders.

        3. 200. Orders affecting land where Forestry Commissioners interested.

        4. 201. Provisional tree preservation orders.

        5. 202. Power for Secretary of State to make tree preservation orders.

      3. Compensation for loss or damage caused by orders, etc.

        1. 203. Compensation in respect of tree preservation orders.

        2. 204. Compensation in respect of requirement as to replanting of trees.

        3. 205. Determination of compensation claims.

      4. Consequences of tree removal, etc.

        1. 206. Replacement of trees.

        2. 207. Enforcement of duties as to replacement of trees.

        3. 208. Appeals against s. 207 notices.

        4. 209. Execution and cost of works required by s. 207 notice.

        5. 210. Penalties for non-compliance with tree preservation order.

      5. Trees in conservation areas

        1. 211. Preservation of trees in conservation areas.

        2. 212. Power to disapply s. 211.

        3. 213. Enforcement of controls as respects trees in conservation areas.

        4. 214. Registers of s. 211 notices.

    2. Chapter II

      Land Adversely Affecting Amenity of Neighbourhood

      1. 215. Power to require proper maintenance of land.

      2. 216. Penalty for non-compliance with s. 215 notice.

      3. 217. Appeal to magistrates' court against s. 215 notice.

      4. 218. Further appeal to the Crown Court.

      5. 219. Execution and cost of works required by s. 215 notice.

    3. Chapter III

      Advertisements

      1. Advertisement regulations

        1. 220. Regulations controlling display of advertisements.

        2. 221. Power to make different advertisement regulations for different areas.

        3. 222. Planning permission not needed for advertisements complying with regulations.

      2. Repayment of expense of removing prohibited advertisements

        1. 223. Repayment of expense of removing prohibited advertisements.

      3. Enforcement of control over advertisements

        1. 224. Enforcement of control as to advertisements.

        2. 225. Power to remove or obliterate placards and posters.

  9. Part IX

    Acquisition and Appropriation of Land for Planning Purposes, etc.

    1. Acquisition for planning and public purposes

      1. 226. Compulsory acquisition of land for development and other planning purposes.

      2. 227. Acquisition of land by agreement.

      3. 228. Compulsory acquisition of land by the Secretary of State for the Environment.

      4. 229. Appropriation of land forming part of common, etc.

      5. 230. Acquisition of land for purposes of exchange.

      6. 231. Power of Secretary of State to require acquisition or development of land.

    2. Appropriation, disposal and development of land held for planning purposes, etc.

      1. 232. Appropriation of land held for planning purposes.

      2. 233. Disposal by local authorities of land held for planning purposes.

      3. 234. Disposal by Secretary of State of land acquired under s. 228.

      4. 235. Development of land held for planning purposes.

    3. Extinguishment of certain rights affecting acquired or appropriated land

      1. 236. Extinguishment of rights over land compulsorily acquired.

      2. 237. Power to override easements and other rights.

      3. 238. Use and development of consecrated land.

      4. 239. Use and development of burial grounds.

      5. 240. Provisions supplemental to ss. 238 and 239.

      6. 241. Use and development of open spaces.

      7. 242. Overriding of rights of possession.

    4. Constitution of joint body to hold land for planning purposes

      1. 243. Constitution of joint body to hold land for planning purposes.

    5. General and supplementary provisions

      1. 244. Powers of joint planning boards under Part IX.

      2. 245. Modification of incorporated enactments for purposes of Part IX.

      3. 246. Interpretation of Part IX.

  10. Part X

    Highways

    1. Orders made by Secretary of State

      1. 247. Highways affected by development: orders by Secretary of State.

      2. 248. Highways crossing or entering route of proposed new highway, etc.

      3. 249. Order extinguishing right to use vehicles on highway.

      4. 250. Compensation for orders under s. 249.

      5. 251. Extinguishment of public rights of way over land held for planning purposes.

      6. 252. Procedure for making of orders.

      7. 253. Procedure in anticipation of planning permission.

      8. 254. Compulsory acquisition of land in connection with highways.

      9. 255. Concurrent proceedings in connection with highways.

      10. 256. Telecommunication apparatus: orders by Secretary of State.

    2. Orders by other authorities

      1. 257. Footpaths and bridleways affected by development: orders by other authorities.

      2. 258. Extinguishment of public rights of way over land held for planning purposes.

      3. 259. Confirmation of orders made by other authorities.

      4. 260. Telecommunication apparatus: orders by or on application of other authorities.

    3. Temporary highway orders: mineral workings

      1. 261. Temporary stopping up of highways for mineral workings.

  11. Part XI

    Statutory Undertakers

    1. Preliminary

      1. 262. Meaning of "statutory undertakers".

      2. 263. Meaning of "operational land".

      3. 264. Cases in which land is to be treated as not being operational land.

      4. 265. Meaning of "the appropriate Minister".

    2. Application of Part III to statutory undertakers

      1. 266. Applications for planning permission by statutory undertakers.

      2. 267. Conditional grants of planning permission.

      3. 268. Development requiring authorisation of government department.

      4. 269. Revocation or modification of permission to develop operational land.

      5. 270. Order requiring discontinuance of use etc. of operational land.

    3. Extinguishment of rights of statutory undertakers, etc.

      1. 271. Extinguishment of rights of statutory undertakers: preliminary notices.

      2. 272. Extinguishment of rights of telecommunications code system operators: preliminary notices.

      3. 273. Notice for same purposes as ss. 271 and 272 but given by undertakers to developing authority.

      4. 274. Orders under ss. 271 and 272.

    4. Extension or modification of statutory undertakers' functions

      1. 275. Extension or modification of functions of statutory undertakers.

      2. 276. Procedure in relation to orders under s. 275.

      3. 277. Relief of statutory undertakers from obligations rendered impracticable.

      4. 278. Objections to orders under ss. 275 and 277.

    5. Compensation

      1. 279. Right to compensation in respect of certain decisions and orders.

      2. 280. Measure of compensation to statutory undertakers, etc.

      3. 281. Exclusion of s. 280 at option of statutory undertakers.

      4. 282. Procedure for assessing compensation.

    6. Advertisements

      1. 283. Display of advertisements on operational land.

  12. Part XII

    Validity

    1. 284. Validity of development plans and certain orders, decisions and directions.

    2. 285. Validity of enforcement notices and similar notices.

    3. 286. Challenges to validity on ground of authority's powers.

    4. 287. Proceedings for questioning validity of development plans and certain schemes and orders.

    5. 288. Proceedings for questioning the validity of other orders, decisions and directions.

    6. 289. Appeals to High Court relating to enforcement notices and notices under s. 207.

    7. 290. Appeals to High Court against decisions under s. 64.

    8. 291. Special provisions as to decisions relating to statutory undertakers.

    9. 292. Special provisions as to orders subject to special parliamentary procedure.

  13. Part XIII

    Application of Act to Crown Land

    1. Preliminary

      1. 293. Preliminary definitions.

    2. Application of Act as respects Crown land

      1. 294. Control of development on Crown land: special enforcement notices.

      2. 295. Supplementary provisions as to special enforcement notices.

      3. 296. Exercise of powers in relation to Crown land.

      4. 297. Agreements relating to Crown land.

      5. 298. Supplementary provisions as to Crown and Duchy interests.

    3. Provisions relating to anticipated disposal of Crown land

      1. 299. Application for planning permission etc. in anticipation of disposal of Crown land.

      2. 300. Tree preservation orders in anticipation of disposal of Crown land.

      3. 301. Requirement of planning permission for continuance of use instituted by the Crown.

    4. Enforcement in respect of war-time breaches of planning control by the Crown

      1. 302. Enforcement in respect of war-time breaches of planning control by the Crown.

  14. Part XIV

    Financial Provisions

    1. 303. Fees for planning applications, etc.

    2. 304. Grants for research and education.

    3. 305. Contributions by Ministers towards compensation paid by local authorities.

    4. 306. Contributions by local authorities and statutory undertakers.

    5. 307. Assistance for acquisition of property where objection made to blight notice in certain cases.

    6. 308. Recovery from acquiring authorities of sums paid by way of compensation.

    7. 309. Recovery from acquiring authorities of sums paid in respect of war-damaged land.

    8. 310. Sums recoverable from acquiring authorities reckonable for purposes of grant.

    9. 311. Expenses of government departments.

    10. 312. Payments under s.59 of 1947 Act and Parts I and V of 1954 Act.

    11. 313. General provision as to receipts of Secretary of State.

    12. 314. Expenses of county councils.

  15. Part XV

    Miscellaneous and General Provisions

    1. Application of Act in special cases

      1. 315. Power to modify Act in relation to minerals.

      2. 316. Application of certain provisions to local planning authorities.

      3. 317. The British Coal Corporation.

      4. 318. Ecclesiastical property.

      5. 319. Application of Act to Isles of Scilly.

    2. Local inquiries and other hearings

      1. 320. Local inquiries.

      2. 321. Planning inquiries to be held in public subject to certain exceptions.

      3. 322. Orders as to costs of parties where no local inquiry held.

      4. 323. Procedure on certain appeals and applications.

    3. Rights of entry

      1. 324. Rights of entry.

      2. 325. Supplementary provisions as to rights of entry.

    4. Miscellaneous and general provisions

      1. 326. Assumptions as to planning permission in determining value of interests in land.

      2. 327. Recovery on subsequent development of payments in respect of war-damaged land.

      3. 328. Settled land and land of universities and colleges.

      4. 329. Service of notices.

      5. 330. Power to require information as to interests in land.

      6. 331. Offences by corporations.

      7. 332. Combined applications.

      8. 333. Regulations and orders.

      9. 334. Licensing planning areas.

      10. 335. Act not excluded by special enactments.

      11. 336. Interpretation.

      12. 337. Short title, commencement and extent.

    1. Schedule 1

      Local planning authorities: distribution of functions.

    2. Schedule 2

      Development plans: transitional provisions.

      1. Part I

        The metropolitan counties.

      2. Part II

        Greater London.

      3. Part III

        Old development plans.

    3. Schedule 3

      Development not constituting new development.

      1. Part I

        Development not ranking for compensation under s. 114.

      2. Part II

        Development ranking for compensation under s. 114.

      3. Part III

        Supplementary provisions.

    4. Schedule 4

      Special provisions as to land use in 1948.

    5. Schedule 5

      Conditions relating to mineral working.

      1. Part I

        Conditions imposed on grant of permission.

      2. Part II

        Conditions imposed on revocation or modification of permission.

    6. Schedule 6

      Determination of certain appeals by person appointed by Secretary of State.

    7. Schedule 7

      Simplified planning zones.

    8. Schedule 8

      Planning Inquiry Commissions.

      1. Part I

        Constitution and procedure on references.

      2. Part II

        Meaning of "the responsible Minister or Ministers".

    9. Schedule 9

      Requirements relating to discontinuance of mineral working.

    10. Schedule 10

      Condition treated as applicable to rebuilding and alterations.

    11. Schedule 11

      Compensation in respect of certain orders affecting mineral working.

    12. Schedule 12

      Unexpended balance of established development value.

    13. Schedule 13

      Blighted land.

    14. Schedule 14

      Procedure for footpaths and bridleways orders.

      1. Part I

        Confirmation of orders.

      2. Part II

        Publicity for orders after confirmation.

    15. Schedule 15

      Enforcement as respects war-time breaches by the Crown of planning control.

    16. Schedule 16

      Provisions of the planning Acts referred to in sections 314 to 319.

    17. Schedule 17

      Enactments exempted from section 333(6).

An Act to consolidate certain enactments relating to town and country planning (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances) with amendments to give effect to recommendations of the Law Commission.

[24th May 1990]

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:--



Part I Planning Authorities

1 Local planning authorities: general

(1) In a non-metropolitan county--

(a) the council of a county is the county planning authority for the county, and

(b) the council of a district is the district planning authority for the district,

and references in the planning Acts to a local planning authority in relation to a non-metropolitan county shall be construed, subject to any express provision to the contrary, as references to both the county planning authority and the district planning authorities.

(2) The council of a metropolitan district is the local planning authority for the district and the council of a London borough is the local planning authority for the borough.

(3) In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) and in Wales all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities.

(4) In this Act "mineral planning authority" means--

(a) in respect of a site in a non-metropolitan county, the county planning authority; and

(b) in respect of a site in a metropolitan district or London borough, the local planning authority.

(5) This section has effect subject to any express provision to the contrary in the planning Acts and, in particular--

(a) subsections (1) to (4) have effect subject to sections 5 to 8 of this Act and Part I of Schedule 17 to the [1972 c. 70.] Local Government Act 1972 (National Parks);

(b) subsections (1) and (2) have effect subject to sections 2 and 9; and

(c) subsection (3) has effect subject to section 4 and Schedule 1 (which contains provisions as to the exercise of certain functions under this Act by particular authorities and liaison between them).

2 Joint planning boards

(1) If it appears to the Secretary of State that it is expedient that a joint board should be established as the county planning authority for the areas or parts of the areas of any two or more county councils or as the district planning authority for the areas or parts of the areas of any two or more district councils, he may by order--

(a) constitute those areas or parts as a united district for the purposes of this Act; and

(b) constitute a joint board (in this Act referred to as a "joint planning board") as the county planning authority or, as the case may be, the district planning authority for that united district.

(2) The Secretary of State shall not make such an order except after holding a local inquiry unless all the councils concerned have consented to the making of the order.

(3) Where a joint planning board is constituted for a united district, references in the planning Acts to the area of a local planning authority--

(a) in relation to the board, shall be construed as references to that district; and

(b) in relation to any local planning authority being the council of a county or district of which part (but not the whole) is included in the united district, shall be construed as references to so much of the county or district as is not so included.

(4) A joint planning board constituted by an order under subsection (1) shall consist of such number of members as may be determined by the order, to be appointed by the constituent councils.

(5) A joint planning board so constituted shall be a body corporate, with perpetual succession and a common seal.

(6) An order constituting a joint planning board and any order amending or revoking any order constituting a joint planning board--

(a) may, without prejudice to the provisions of section 241 of the [1972 c. 70.] Local Government Act 1972 (which authorises the application of the provisions of that Act to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent councils;

(b) may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and apportionment of liabilities;

(c) may contain such other provisions as appear to the Secretary of State to be expedient for enabling the board to exercise their functions; and

(d) may apply to the board, with any necessary modifications and adaptations, any of the provisions of sections 102 and 103 of the Local Government Act 1972.

(7) This section shall have effect subject to sections 5 to 9 of this Act and Part I of Schedule 17 to the Local Government Act 1972 (joint planning boards and special planning boards for National Parks).

3 Joint planning committee for Greater London

(1) The joint planning committee for Greater London established under section 5 of the [1985 c. 51.] Local Government Act 1985 shall continue to discharge the functions mentioned in subsection (2).

(2) The joint planning committee shall--

(a) consider and advise the local planning authorities in Greater London on matters of common interest relating to the planning and development of Greater London;

(b) inform the Secretary of State of the views of those authorities concerning such matters including any such matters as to which he has requested their advice;

(c) inform the local planning authorities for areas in the vicinity of Greater London, or any body on which those authorities and the local planning authorities in Greater London are represented, of the views of the local planning authorities in Greater London concerning any matters of common interest relating to the planning and development of Greater London and those areas;

and the committee may, if it thinks fit, contribute towards the expenses of any such body as is mentioned in paragraph (c).

(3) The expenses of the joint planning committee which have been incurred with the approval of at least two-thirds of the local planning authorities in Greater London shall be defrayed by those authorities in such proportions as they may decide or, in default of a decision by them, as the Secretary of State may determine.

(4) References in this section to the local planning authorities in Greater London are to the authorities which are local planning authorities for the purposes of Part II.

4 National Parks

(1) As respects an area in a National Park outside a metropolitan county all functions conferred by or under the planning Acts on a local planning authority or district planning authority shall, subject to subsections (2) and (3), be functions of the county planning authority and no other authority, and references in those Acts in their application to a National Park outside a metropolitan county to a local planning authority or district planning authority shall be construed accordingly.

(2) The functions conferred on a local planning authority by sections 198 to 201, 206 to 209 and 211 to 215 shall as respects any part of a National Park outside a metropolitan county be exercisable concurrently with the county planning authority by the district planning authority whose area includes that part of the Park.

(3) Where an order is made under section 7 of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949 designating or extending the area of a National Park, the functions exercisable by a local planning authority immediately before the coming into force of the order for any area which under the order becomes part of the Park shall continue to be exercisable by that authority as respects that area unless and until a joint planning board is constituted under section 2 or a National Park Committee is appointed under Part I of Schedule 17 to the [1972 c. 70.] Local Government Act 1972 for an area co-terminous with or including that area or, as the case may be, is authorised to exercise those functions.

(4) Where a joint planning board for a National Park situated partly in one or more metropolitan counties is the local planning authority as respects the part of the Park situated in that county or those counties, it shall continue to be so.

5 The Broads

(1) For the purposes of Chapter I of Part VIII and sections 249, 250, 300 and 324(1)(b) and (c) and (7) and any other provision of this Act so far as it has effect for the purposes of those provisions, "local planning authority", in relation to land in the Broads, includes the Broads Authority.

(2) For the purposes of the provisions mentioned in subsection (3) the Broads Authority shall be the sole district planning authority for the Broads.

(3) The provisions referred to in subsection (2) are sections 36 to 49, 50(6) to (9), 51, 62, 64 to 72, 76 to 81, 91 to 95, 97 to 99, 102, 103, 106, 172, 173, 178, 183, 184, 188, 191 to 197, 211 to 215, 219 to 221, 224, 294, 295, 297, 299, 301, 316(1) to (3) and 324(1)(a).

6 Enterprise zones

(1) An order under paragraph 5 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the local planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order.

(2) Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under that paragraph may provide that the enterprise zone authority shall be the local planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development.

(3) Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect subject to any such modifications) and to the extent that it is not already, the local planning authority for the zone in place of any authority who would otherwise be the local planning authority for the zone.

(4) The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1).

(5) Such regulations may modify any provision of the planning Acts or any instrument made under any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.

7 Urban development areas

(1) Where an order is made under subsection (1) of section 149 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporation specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2) Where an order under subsection (3)(a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

8 Housing action areas

(1) Where an order is made under subsection (1) of section 67 of the [1988 c. 50.] Housing Act 1988 (housing action trust as planning authority), the housing action trust specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.

(2) Where an order under subsection (3)(a) of that section confers any functions on a housing action trust in relation to any area the trust shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.

9 Power to make consequential and supplementary provision about authorities

Regulations under this Act may make such provision consequential upon or supplementary to the provisions of sections 1 and 2 as appears to the Secretary of State to be necessary or expedient.



Part II Development Plans

Chapter I Unitary Development Plans: Metropolitan Areas including London

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Preliminary

10 Application of Chapter I to Greater London and metropolitan counties

This Chapter applies, subject to section 28, to the area of any local planning authority in Greater London or a metropolitan county (other than any area in such a county which is part of a National Park).



Surveys etc.

11 Survey of planning areas

(1) The local planning authority--

(a) shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and

(b) may, if they think fit, institute a survey or surveys of their area or any part of their area for examining those matters.

(2) Without prejudice to the generality of subsection (1), the matters to be kept under review or examined under that subsection shall include--

(a) the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;

(b) the size, composition and distribution of the population of that area (whether resident or otherwise);

(c) without prejudice to paragraph (a), the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;

(d) any considerations not mentioned in paragraphs (a), (b) and (c) which may be expected to affect any matters mentioned in them;

(e) such other matters as may be prescribed or as the Secretary of State may in a particular case direct;

(f) any changes already projected in any of the matters mentioned in any of paragraphs (a) to (e) and the effect which those changes are likely to have on the development of that area or the planning of such development.

(3) A local planning authority shall, for the purpose of discharging their functions under this section of keeping under review and examining any matters relating to the area of another such authority, consult with that other authority about those matters.



Preparation and adoption of unitary development plans

12 Preparation of unitary development plan

(1) The local planning authority shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a unitary development plan.

(2) A unitary development plan shall comprise two parts.

(3) Part I of a unitary development plan shall consist of a written statement formulating the authority's general policies in respect of the development and other use of land in their area (including measures for the improvement of the physical environment and the management of traffic).

(4) Part II of a unitary development plan shall consist of--

(a) a written statement formulating in such detail as the authority think appropriate (and so as to be readily distinguishable from the other contents of the plan) their proposals for the development and other use of land in their area or for any description of development or other use of such land;

(b) a map showing those proposals on a geographical basis;

(c) a reasoned justification of the general policies in Part I of the plan and of the proposals in Part II of it; and

(d) such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies in Part I of the plan or the proposals in Part II of it as the authority think appropriate or as may be prescribed.

(5) A unitary development plan shall also contain such other matters as may be prescribed or as the Secretary of State may in any particular case direct.

(6) In formulating the general policies in Part I of a unitary development plan the authority shall have regard--

(a) to any strategic guidance given by the Secretary of State to assist them in the preparation of the plan;

(b) to current national and regional policies;

(c) to the resources likely to be available; and

(d) to such other matters as the Secretary of State may direct the authority to take into account.

(7) The proposals in Part II of a unitary development plan shall be in general conformity with Part I.

(8) Part II of a unitary development plan may designate any part of the authority's area as an action area, that is to say, an area which they have selected for the commencement during a prescribed period of comprehensive treatment by development, redevelopment or improvement (or partly by one and partly by another method) and if an area is so designated that Part of the plan shall contain a description of the treatment proposed by the authority.

(9) In preparing a unitary development plan the authority shall take into account the provisions of any scheme under paragraph 3 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.

13 Publicity in connection with preparation of unitary development plan

(1) When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall take such steps as will in their opinion secure--

(a) that adequate publicity is given in their area to the matters which they propose to include in the plan;

(b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

(c) that such persons are given an adequate opportunity of making such representations.

(2) The authority shall consider any representations made to them within the prescribed period.

(3) Where the local planning authority have prepared a unitary development plan, before adopting it they shall--

(a) make copies of it available for inspection at their office and at such other places as may be prescribed; and

(b) send a copy to the Secretary of State.

(4) Each copy made available for inspection under subsection (3) shall be accompanied by a statement of the time within which objections to the plan may be made to the authority.

(5) The copy of a unitary development plan sent to the Secretary of State under subsection (3) shall be accompanied by a statement--

(a) of the steps which the authority have taken to comply with subsections (1) and (2); and

(b) of the authority's consultations with, and their consideration of the views of, other persons.

(6) If, on considering the statement submitted with and the matters contained in a unitary development plan and any other information provided by the local planning authority, the Secretary of State is not satisfied that the purposes of paragraphs (a) to (c) of subsection (1) have been adequately achieved by the steps taken by the authority in compliance with that subsection, he may, within 21 days of the receipt of the statement, direct the authority not to take further steps for the adoption of the plan without taking such further action as he may specify in order better to achieve those purposes and satisfying him that they have done so.

(7) A local planning authority who are given directions by the Secretary of State under subsection (6) shall--

(a) immediately withdraw the copies of the unitary development plan made available for inspection as required by subsection (3); and

(b) notify any person by whom objections to the plan have been made to the authority that the Secretary of State has given such directions.

14 Withdrawal of unitary development plan

(1) A unitary development plan may be withdrawn by the local planning authority at any time before it is adopted by the authority or approved by the Secretary of State and shall be withdrawn by the authority if the Secretary of State so directs.

(2) Where a unitary development plan is withdrawn the authority shall--

(a) withdraw the copies made available for inspection and sent to the Secretary of State under section 13(3); and

(b) give notice that the plan has been withdrawn to every person who has made an objection to it.

(3) In determining the steps to be taken by a local planning authority to secure the purposes of paragraphs (a) to (c) of subsection (1) of section 13, the authority and the Secretary of State may take into account any steps taken to secure those purposes in connection with any unitary development plan which the authority have previously withdrawn.

(4) Where a unitary development plan is withdrawn the copies of the plan shall be treated as never having been made available under section 13(3).

15 Adoption of unitary development plan by local planning authority

(1) After the expiry of the period given for making objections to a unitary development plan or, if such objections have been duly made during that period, after considering those objections, the local planning authority may, subject to the following provisions of this section and to sections 17 and 18, by resolution adopt the plan either as originally prepared or as modified to take account--

(a) of those objections;

(b) of any other objections made to the plan;

(c) of any other considerations which appear to the authority to be material.

(2) A unitary development plan shall not be adopted unless Part II of the plan is in general conformity with Part I.

(3) Where an objection to a unitary development plan has been made by the Minister of Agriculture, Fisheries and Food and the local planning authority do not propose to modify the plan to take account of the objection, the authority--

(a) shall send the Secretary of State particulars of the objection and a statement of their reasons for not modifying the plan to take account of it; and

(b) shall not adopt the plan unless the Secretary of State authorises them to do so.

(4) Subject to the following provisions of this Chapter and to section 287, a unitary development plan shall become operative on the date on which it is adopted.

16 Local inquiries

(1) For the purpose of considering objections to a unitary development plan the local planning authority may, and shall in the case of objections made in accordance with regulations under this Chapter, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed by regulations under this Chapter, by the authority themselves.

(2) Subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this section as they apply to an inquiry under that section.

(3) The [1971 c. 62.] Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local planning authority.

(4) Regulations made for the purposes of this section may--

(a) make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under this section, including provision enabling the Secretary of State to direct a local planning authority to appoint a particular person or one of a specified list or class of persons;

(b) make provision with respect to the remuneration and allowances of a person appointed for that purpose.

(5) No local inquiry or other hearing need be held under this section if all persons who have made objections have indicated in writing that they do not wish to appear.



Secretary of State's powers concerning plans

17 Direction to reconsider proposals

(1) After a copy of a unitary development plan has been sent to the Secretary of State under section 13(3) and before it is adopted by the local planning authority, the Secretary of State may, if it appears to him that the plan is unsatisfactory, direct the authority to consider modifying the proposals in such respects as are indicated in the direction.

(2) An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.

18 Calling in of unitary development plan for approval by Secretary of State

(1) After a copy of a unitary development plan has been sent to the Secretary of State under section 13(3) and before it is adopted by the local planning authority, the Secretary of State may direct that the whole or part of the plan shall be submitted to him for his approval.

(2) If such a direction is given--

(a) the authority shall not take any further steps for the adoption of the plan until the Secretary of State has given his decision on the plan or the relevant part of it; and

(b) the plan or the relevant part of it shall not have effect unless approved by him and shall not require adoption under the previous provisions of this Chapter.

(3) Where particulars of an objection to a unitary development plan have been sent to the Secretary of State under section 15(3), then, unless he is satisfied that the Minister of Agriculture, Fisheries and Food no longer objects to the plan, the Secretary of State must give a direction in respect of it under subsection (1).

(4) Subsection (2)(a) applies in particular to holding or proceeding with a local inquiry or other hearing in respect of the plan under section 16; and at any such inquiry or hearing which is subsequently held or resumed a local planning authority need not give any person an opportunity of being heard in respect of any objection which has been heard at an examination, local inquiry or other hearing under section 20 or which the Secretary of State states that he has considered in making his decision.

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