Town and Country Planning Act 1962
Town and Country Planning Act 1962 (1962 c. 38)
- Town and Country Planning Act 1962 (1962 c. 38)
- PART I Central and Local Administration
- 1 The Minister
- 2 Local planning authorities and committees
- 3 Delegation of functions of local planning authorities
- PART II Development Plans
- 4 Surveys of planning areas and preparation of development plans
- 5 Approval of development plans
- 6 Amendment of development plans
- 7 Additional powers of Minister with respect to development plans
- 8 Incorporation in development plans of orders and schemes relating to highways and new towns
- 9 Modification of development plans in relation to land designated as subject to compulsory acquisition
- 10 Supplementary provisions as to development plans
- 11 Publication, and date of operation, of development plans
- PART III Planning Control
- Planning permission
- 12 Meaning of “development” and “new development”
- 13 Development requiring planning permission
- 14 Development orders
- 15 Publication of notices of applications for planning permission
- 16 Notification of applications for planning permission to owners and agricultural tenants
- 17 Determination by local planning authorities of applications for planning permission
- 18 Conditional grant of planning permission
- 19 Supplementary provisions as to applications for planning permission
- 20 Permission to retain buildings or works or continue use of land
- 21 Supplementary provisions as to effect of planning permission
- Minister's powers in relation to planning applications and decisions
- 22 Reference of planning applications to Minister
- 23 Appeals against planning decisions
- 24 Appeal in default of planning decision
- 25 Review of planning decisions where compensation claimed
- 26 Supplementary provisions as to review of planning decisions
- Revocation or modification of planning permission
- 27 Power to revoke or modify planning permission
- Additional powers of control
- 28 Orders requiring discontinuance of use or alteration or removal of buildings or works
- 29 Tree preservation orders
- 30 Building preservation orders
- 31 Supplementary provisions as to building preservation orders
- 32 Lists of buildings of special architectural or historic interest
- 33 Effect of inclusion of building in a list under s.32
- 34 Control of advertisements
- 35 Applications for planning permission not needed for advertisements complying with regulations
- 36 Proper maintenance of waste land, etc.
- 37 Agreements regulating development or use of land
- Special provisions as to industrial development
- 38 Industrial development certificates
- 39 Exemption of certain classes of development
- 40 Provision for cases where industrial development certificate withheld
- Special provisions as to local authorities and statutory undertakers
- 41 Deemed planning permission
- 42 Application of planning control to local planning authorities
- Supplementary provisions
- 43 Applications to determine whether planning permission required
- 44 Appeal to independent tribunal
- PART IV Enforcement of Planning Control
- Enforcement where planning permission required
- 45 Power to serve enforcement notices
- 46 Appeal to Minister against enforcement notice
- 47 Penalties for non-compliance with enforcement notices
- 48 Execution by local planning authority of work required by enforcement notice
- 49 Supplementary provisions as to enforcement notices
- 50 Effect of planning permission on enforcement notice
- 51 Enforcement notice to have effect against subsequent development
- Enforcement of control in respect of listed buildings
- 52 Notice to enforce control under s.33
- 53 Appeal to Minister against notice under s.52
- 54 Execution by local planning authority of work required by notice under s.52
- 55 Supplementary provisions as to notices under s.52
- Enforcement of control under section 36
- 56 Penalty for non-compliance with notice under s.36
- 57 Appeal to magistrates' court against notice under s.36
- 58 Further appeal to quarter sessions
- 59 Execution by local planning authority of work required by notice under s.36
- 60 Supplementary provisions as to notices under s.36
- Enforcement in other cases
- 61 Enforcement of orders under s.28
- 62 Enforcement of tree and building preservation orders
- 63 Enforcement of control of advertisements
- Supplementary provisions
- 64 Supplementary provisions as to appeals to Minister under Part IV
- 65 Recovery of expenses of local planning authorities under Part IV
- 66 Enforcement in relation to local planning authorities
- PART V Acquisition and Appropriation of Land and Provisions related thereto
- Acquisition and appropriation of land
- 67 Compulsory acquisition of designated land
- 68 Compulsory acquisition of land for development
- 69 Compulsory acquisition of building comprised in building preservation order
- 70 Extinguishment of rights over land compulsorily acquired
- 71 Acquisition of land by agreement
- 72 Acquisition of land for purposes of exchange
- 73 Appropriation of land for planning purposes
- Expedited completion of compulsory acquisition
- 74 Order providing for expedited completion
- 75 General effect of order providing for expedited completion
- 76 Special provisions as to certain tenancies
- Powers exercisable in relation to land held for planning purposes, and other related powers
- 77 Appropriation of land held for planning purposes
- 78 Disposal of land held for planning purposes
- 79 Development of land held for planning purposes
- 80 Special provisions as to features and buildings of architectural or historic interest
- 81 Power to override easements and other rights
- 82 Use and development of consecrated land and burial grounds
- 83 Use and development of land for open spaces
- 84 Displacement of persons from land acquired or appropriated
- 85 Constitution of joint body to hold land acquired for planning purposes
- Supplementary provisions
- 86 Modification of incorporated enactments for purposes of Part V
- 87 Interpretation of Part V
- PART VI Compensation for Planning Decisions Restricting New Development
- Unexpended balance of established development value
- 88 Scope of Part VI
- 89 Derivation of unexpended balance from claims under Part VI of Act of 1947
- 90 Original unexpended balance of established development value
- 91 Claim holdings, their areas and values
- 92 Adjustment of claim holdings
- 93 General provision for continuance of original unexpended balance
- 94 Reduction or extinguishment of balance in consequence of compensation
- 95 Reduction or extinguishment of balance on initiation of new development
- 96 Reduction or extinguishment of balance on acquisition of land under compulsory powers
- 97 Reduction or extinguishment of balance in consequence of severance or injurious affection
- 98 Supplementary provisions as to deductions from original balance
- 99 Provision of information relating to unexpended balance
- Right to compensation
- 100 General provision as to right to compensation
- 101 Planning decisions not ranking for compensation
- 102 No compensation if certain other development permitted
- 103 Further exclusions from compensation
- 104 Grant of planning permission treated as subject to notional condition
- 105 Notice under s.40 treated as planning decision
- Measure of compensation
- 106 General provisions as to amount of compensation
- 107 Assessment of depreciation
- Claims for, and payment of, compensation
- 108 General provisions as to claims for compensation
- 109 Effect on claims of direction under s.25
- 110 Determination of claims
- 111 Payment of compensation
- Subsequent recovery of compensation
- 112 Apportionment and registration of compensation
- 113 Recovery of compensation on subsequent development
- 114 Amount recoverable, and provisions for payment or remission thereof
- 115 Amount recovered not to be deducted from unexpended balance
- Supplementary provisions
- 116 Mortgages, rentcharges and settlements
- 117 Calculation of value
- PART VII Compensation for other Planning Restrictions
- Revocation or modification of planning permission
- 118 Compensation where planning permission revoked or modified
- 119 Application of s.118 to special cases of refusal or conditional grant of planning permission
- 120 Registration and apportionment of compensation for depreciation
- 121 Exchequer contribution towards compensation in certain cases
- 122 Recovery, on subsequent development, of compensation under s.118
- Other restrictions
- 123 Compensation for planning decisions restricting development other than new development
- 124 Compensation in respect of orders under s.28
- 125 Compensation in respect of tree and building preservation orders
- 126 Compensation for restrictions on advertising
- Supplementary provisions
- 127 General provisions as to compensation for depreciation under Part VII
- 128 Determination of claims for compensation
- PART VIII Provisions Enabling Owner to Require Purchase of his Interest
- Interests affected by planning decisions or orders
- 129 Purchase notice on refusal or conditional grant of planning permission
- 130 Action by council on whom purchase notice is served
- 131 Procedure on reference of purchase notice to Minister
- 132 Action by Minister in relation to purchase notice
- 133 Effect of Minister's action in relation to purchase notice
- 134 Special provisions as to compensation where purchase notice served
- 135 Purchase notice in respect of order revoking or modifying planning permission
- 136 Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works
- 137 Purchase notices in other cases
- Interests of owner-occupiers affected by planning proposals
- 138 Scope of these provisions
- 139 Notice requiring purchase of claimant's interest
- 140 Objection to notice requiring purchase of claimant's interest
- 141 Reference of objection to Lands Tribunal
- 142 Effect of valid notice requiring purchase
- 143 Compensation for acquisition in pursuance of notice requiring purchase
- 144 Withdrawal of notice requiring purchase
- 145 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire
- 146 Death of claimant after service of notice requiring purchase
- 147 “Appropriate authority” for purposes of these provisions
- 148 “Appropriate enactment” for purposes of these provisions
- 149 Meaning of “owner-occupier” and “resident owner-occupier”
- 150 General interpretation of these provisions
- 151 Special provisions as to partnerships
- Supplementary provisions
- 152 No withdrawal of constructive notice to treat
- PART IX Highways
- 153 Stopping up and diversion of highways
- 154 Procedure in relation to orders under s.153
- 155 Extinguishment of public rights of way over land held for planning purposes
- 156 Compulsory acquisition of land in connection with highways
- 157 Concurrent proceedings in connection with highways
- 158 Provisions as to telegraphic lines
- PART X Statutory Undertakers
- General provisions
- 159 Planning permission to develop operational land
- 160 Development requiring authorisation of government department
- 161 Revocation or modification of permission to develop operational land
- 162 Order requiring discontinuance of use etc. of operational land
- 163 Acquisition of land of statutory undertakers
- 164 Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers
- 165 Orders under s.164
- 166 Extension or modification of functions of statutory undertakers
- 167 Procedure in relation to orders under s.166
- 168 Relief of statutory undertakers from obligations rendered impracticable
- 169 Objections to orders under ss.166 and 168
- Compensation
- 170 Right to compensation in respect of certain decisions and orders
- 171 Measure of compensation to statutory undertakers
- 172 Exclusion of s.171 at option of statutory undertakers
- 173 Procedure for assessing compensation where s.171 applies
- Supplementary provisions
- 174 Special provisions as to display of advertisements on operational land
- 175 Special provisions as to statutory undertakers who are local planning authorities
- PART XI Validity of Planning Instruments and Decisions, and Proceedings Relating Thereto
- 176 Validity of development plans and of certain orders, decisions and directions
- 177 Validity of enforcement notices and similar notices
- 178 Proceedings for questioning validity of development plans and of orders under ss.153 and 168
- 179 Proceedings for questioning validity of other orders, decisions and directions
- 180 Appeals to High Court relating to enforcement notices and similar notices
- 181 Appeals to High Court against decisions under s.43
- 182 Special provision as to decisions relating to statutory undertakers
- 183 Special provisions as to orders subject to special parliamentary procedure
- PART XII Financial Provisions
- 184 Exchequer grants to local authorities
- 185 Maximum amounts of grants
- 186 Supplementary provisions as to Exchequer grants
- 187 Loans to local authorities
- 188 Contributions by Ministers towards compensation paid by local authorities
- 189 Contributions by local authorities and statutory undertakers
- 190 Recovery from acquiring authorities of sums paid by way of compensation
- 191 Recovery from acquiring authorities of sums paid in respect of war-damaged land
- 192 Sums recoverable from acquiring authorities reckonable for purposes of grant
- 193 Expenses of government departments
- 194 Repayment of sums issued out of Consolidated Fund in respect of certain payments
- 195 General provision as to receipts of Minister
- 196 Expenses of county councils
- PART XIII Application of Act to Special Cases
- Minerals
- 197 Power to modify Act in relation to minerals
- 198 Modification of Mines (Working Facilities and Support) Act, 1923
- Crown land
- 199 Exercise of powers in relation to Crown land
- 200 Agreements relating to Crown land
- 201 Supplementary provisions as to Crown and Duchy interests
- London and Isles of Stilly
- 202 Application of Act to London
- 203 Application of Act to Isles of Scilly
- Other special cases
- 204 National Coal Board
- 205 Ecclesiastical property
- 206 Settled land, and land of universities and colleges
- PART XIV Miscellaneous and Supplementary Provisions
- 207 Default powers of Minister
- 208 Recovery, on subsequent development, of payments in respect of war-damaged land
- 209 Development charges
- 210 Temporary provisions pending operation of development plans
- 211 Rights of entry
- 212 Supplementary provisions as to rights of entry
- 213 Local inquiries
- 214 Service of notices
- 215 Power to require information as to interests in land
- 216 Combined applications
- 217 Regulations and orders
- 218 Exercise of functions of Board of Trade
- 219 Licensing planning areas
- 220 Act not excluded by special enactments
- 221 Interpretation
- 222 Consequential amendments
- 223 Savings, transitional provisions and repeals
- 224 Saving for Interpretation Act, 1889, s.38
- 225 Commencement
- 226 Short title and extent
- SCHEDULES
- FIRST SCHEDULE Joint Planning Boards
- SECOND SCHEDULE Planning Committees and Joint Advisory Committees
- Planning committees
- Joint advisory committees
- THIRD SCHEDULE Development not Constituting New Development
- Development not ranking for compensation under s.123
- Development ranking for compensation under s.123
- Supplementary provisions
- FOURTH SCHEDULE Further Provisions with respect to Orders Providing for Expedited Completion
- Introductory
- Particulars to be included in notice of confirmation of order
- Certificate of acquiring authority for purpose of determining date of vesting
- Exclusion of power of entry conferred by Act of 1946
- Restriction on withdrawal of constructive notice to treat
- Special provisions with respect to parts of buildings, etc.
- Compensation not to be affected by provision for expedited completion
- Exclusion of provisions of Act of 1845 relating to absent parties and interests omitted to be purchased
- Rentcharges and leases affecting relevant land and other land
- Miscellaneous
- FIFTH SCHEDULE Adjustment of Claim Holdings
- Adjustment of claim holdings pledged to Central Land Board as security for development charges
- Adjustment by reference to payments in respect of war-damaged land
- Adjustment in cases of partial disposition of claim holdings
- Adjustment in respect of payments under Part I of Act of 1954
- Adjustment in respect of compensation under Part V of Act of 1954
- Supplementary provisions
- SIXTH SCHEDULE Calculation of Value of Previous Development of Land
- SEVENTH SCHEDULE Apportionment of Unexpended Balance of Established Development Value
- Determination of relevant area
- Preliminary calculations
- Apportionment of unexpended balance between interests
- Application of Schedule to past acquisitions
- Interpretation
- EIGHTH SCHEDULE Provisions of Act referred to in sections 187, 196, 197, 203 to 205, 215 and 217
- NINTH SCHEDULE Provisions relating to London
- TENTH SCHEDULE Development Charges
- ELEVENTH SCHEDULE Enactments excepted from S. 217 (5)
- TWELFTH SCHEDULE Enactments Amended
- The Building Restrictions (War-Time Contraventions) Act, 1946 (9 & 10 Geo. 6, c. 35)
- The Civil Aviation Act, 1949 (12, 13 and 14 Geo. 6, c. 67)
- The Town Development Act, 1952 (15 & 16 Geo. 6 and 1 Eliz. 2. c. 54)
- The Highways Act, 1959 (7 & 8 Eliz. 2. c. 25)
- The Town and Country Planning Act, 1959 (7 & 8 Eliz. 2. c. 53)
- THIRTEENTH SCHEDULE Savings and Transitional Provisions relating to Enactments previously Repealed
- Schemes and agreements
- Land declared subject to compulsory purchase
- Compulsory purchase orders under Act of 1944
- Land acquired under Act of 1944
- Development authorised under enactments previously repealed
- Development contravening planning control under enactments previously repealed
- General and supplementary provisions
- FOURTEENTH SCHEDULE Further Savings and Transitional Provisions
- PART I General Provisions
- PART II Provisions Relating to Part I of Act
- Transfer of property and officers to local planning authorities
- PART III Provisions Relating to Part III of Act
- Planning permission
- Review of planning decisions and orders under Part V of Act of 1954
- Maintenance of waste land, etc.
- Industrial development
- Application to determine whether planning permission required
- PART IV Provisions relating to Part IV of Act
- Enforcement notices
- Notices in respect of listed buildings
- Notices in respect of waste land, etc.
- Building preservation orders and control of advertisements
- PART V Provisions relating to Part V of Act
- Consent of Minister to acquisition, appropriation or disposal of land
- Land acquired, or authorised to be acquired, under Part IV of Act of 1947
- PART VI Provisions relating to Part VI of Act
- Compensation under Part V of Act of 1954
- Provision excluding recovery of compensation
- PART VII Provisions relating to Part VII of Act
- Exchequer contribution towards compensation
- Recovery of compensation
- PART VIII Provisions Relating to Part X of Act
- Application of s.164 to land acquired by Central Land Board
- PART IX Provisions Relating to Part XI of Act
- Orders made and action taken before 16th August, 1959
- Notices served before 29th August, 1960
- Directions under Part V of Act of 1954
- PART X Provisions Applicable to Part XII of Act
- Exchequer grants to local authorities
- Recovery of sums from acquiring authorities
- Financing of payments under s. 59 of Act of 1947
- Financing of payments under Parts I and V of Act of 1954
- Payments into the Exchequer
- PART XI Provisions Relating to Part XIII of Act
- Minerals
- Ecclesiastical property, settled land, and land of universities and colleges
- PART XII Miscellaneous and Supplementary Provisions
- Registration of payments under s. 59 of Act of 1947
- Saving for Act of 1944 as applied by other enactments
- Definition of “local authority”
- Saving for powers of Postmaster-General
- Saving in respect of works below high-water mark
- Land Compensation Act, 1961, s. 31
- “The Minister” in relation to time before 3rd November, 1951
- Supplementary
- FIFTEENTH SCHEDULE Enactments Repealed