Town and Country Planning Act 1990
Town and Country Planning Act 1990 (1990 c. 8)
- Town and Country Planning Act 1990 (1990 c. 8)
- Part I Planning Authorities
- 1 Local planning authorities: general.
- 2 Joint planning boards.
- 2A The Mayor of London: applications of potential strategic importance
- 2B Section 2A: supplementary provisions
- 2C Matters reserved for subsequent approval
- 2D Further provision about orders under section 2A
- 2E Section 2A and planning obligations under section 106
- 2F Representation hearings
- 3 Joint planning committee for Greater London.
- 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 4A National Parks with National Park authorities.
- 5 The Broads.
- 6 Enterprise zones.
- 7 Urban development areas.
- 7ZA New towns
- 7A Mayoral development areas
- 8 Housing action areas.
- 8A The Homes and Communities Agency.
- 9 Power to make consequential and supplementary provision about authorities.
- Chapter I Unitary Development Plans: Metropolitan Areas including London
- Preliminary
- 10 Application of Chapter I to Greater London and metropolitan counties.
- 10A Application of Chapter I in relation to Wales.
- Surveys etc.
- 11 Survey of planning areas.
- Preparation and adoption of unitary development plans
- 12 Preparation of unitary development plan.
- 12A Urban development corporations.
- 13 Public participation.
- 14 Withdrawal of unitary development plan.
- 15 Adoption of unitary development plan by local planning authority.
- 16 Local inquiries.
- Secretary of State’s powers concerning plans
- 17 Direction to reconsider proposals.
- 18 Calling in of unitary development plan for approval by Secretary of State.
- 19 Approval of unitary development plan by Secretary of State.
- 20 Local inquiry, public examination and consultation by Secretary of State.
- Alteration of plans
- 21 Alteration or replacement of unitary development plan.
- 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Greater London: conformity with spatial development strategy
- 21A “Greater London: conformity with spatial development strategy.
- Joint plans
- 23 Joint unitary development plans.
- 23A Joint unitary development plans: Wales.
- 23B Unitary development plans for National Parks in Wales.
- 23C Joint unitary development plans for National Parks in Wales.
- Supplementary
- 24 Disregard of certain representations.
- 25 Default powers.
- 26 Regulations and directions.
- 27 Meaning of “development plan” in Greater London and metropolitan counties.
- 27A Meaning of “development plan” in relation to Wales.
- 28 Commencement of Chapter I: transitional provisions.
- 28A Application of Chapter I in relation to Wales: transitional provisions.
- Chapter II Structure and Local Plans: Non-Metropolitan Areas
- Preliminary
- 29 Application of Chapter II to non-metropolitan areas in England.
- Surveys, etc.
- 30 Survey of planning areas.
- Structure plans
- 31 Structure plans: continuity, form and content.
- 32 Alteration and replacement of structure plans.
- 33 Public participation.
- 34 Withdrawal of proposals for alteration and replacement of structure plans.
- 35 Adoption of proposals.
- 35A Calling in of proposals for approval by Secretary of State.
- 35B Examination in public.
- 35C Duties to notify authorities responsible for local plans
- Local plans
- 36 Local plans.
- 37 Minerals local plans.
- 38 Waste policies.
- 39 Alteration and replacement of local plans.
- 40 Public participation.
- 41 Powers of Secretary of State to secure adequate publicity and consultation.
- 42 Objections: local inquiry or other hearing.
- 43 Adoption of proposals.
- 44 Calling in of proposals for approval by Secretary of State.
- 45 Approval of proposals by Secretary of State.
- Conformity between plans
- 46 Conformity between plans.
- 47 Alteration of structure plan.
- 48 Local plan to prevail in cases of conflict with structure plan.
- Supplementary
- 49 Disregarding of representations with respect to development authorised by or under other enactments.
- 50 Joint structure and local plans.
- 51 Default powers.
- 51A Urban development corporations.
- 52 Reviews of plans in enterprise zones.
- 53 Supplementary provisions as to structure and local plans.
- 54 Meaning of “development plan” outside Greater London and the metropolitan counties.
- Chapter III General
- 54A Status of development plans.
- Part III Control over development
- Meaning of development
- 55 Meaning of “development” and “new development”.
- 56 Time when development begun.
- Requirement for planning permission
- 57 Planning permission required for development.
- 58 Granting of planning permission: general.
- Permission in principle
- 58A Permission in principle: general
- Development orders
- 59 Development orders: general.
- 59A Development orders: permission in principle
- 60 Permission granted by development order.
- 61 Development orders: supplementary provisions.
- Local development orders
- 61A Local development orders
- 61B Intervention by Secretary of State or National Assembly
- 61C Permission granted by local development order
- 61D Effect of revision or revocation of development order on incomplete development
- Mayoral development orders
- 61DA Mayoral development orders
- 61DB Permission granted by Mayoral development order
- 61DC Preparation and making of Mayoral development order
- 61DD Revision or revocation of Mayoral development order
- 61DE Effect of revision or revocation on incomplete development
- Neighbourhood development orders
- 61E Neighbourhood development orders
- 61F Authorisation to act in relation to neighbourhood areas
- 61G Meaning of “neighbourhood area”
- 61H Neighbourhood areas designated as business areas
- 61I Neighbourhood areas in areas of two or more local planning authorities
- 61J Provision that may be made by neighbourhood development order
- 61K Meaning of “excluded development”
- 61L Permission granted by neighbourhood development orders
- 61M Revocation or modification of neighbourhood development orders
- 61N Legal challenges in relation to neighbourhood development orders
- 61O Guidance
- 61P Provision as to the making of certain decisions by local planning authorities
- 61Q Community right to build orders
- Street vote development orders
- 61QA Street vote development orders
- 61QB Qualifying groups
- 61QC Meaning of “street area”
- 61QD Process for making street vote development orders
- 61QE Referendums
- 61QF Regulations: general provision
- 61QG Provision that may be made by a street vote development order
- 61QH Meaning of “excluded development”
- 61QI Permission granted by street vote development orders
- 61QJ Revocation or modification of street vote development orders
- 61QK Financial assistance in relation to street votes
- 61QL Street votes: connected modifications
- 61QM Interpretation
- England: consultation before applying for planning permission or permission in principle
- 61W England: requirement to carry out pre-application consultation
- 61X Duty to take account of responses to consultation
- 61Y Power to make supplementary provision
- Wales: pre-application procedure
- 61Z Wales: requirement to carry out pre-application consultation
- 61Z1 Wales: pre-application services
- 61Z2 Pre-application services: records and statement of services
- Applications for planning permission or permission in principle
- 62 Applications for planning permission or permission in principle.
- Wales: appeal against notice that application is not valid
- 62ZA Wales: notice that application is not valid
- 62ZB Right to appeal to Welsh Ministers against notice
- 62ZC Appeals under section 62ZB: determination by appointed person
- 62ZD Appeals under section 62ZB: determination by Welsh Ministers in place of appointed person
- England: option to make application directly to Secretary of State
- 62A When application may be made directly to Secretary of State
- 62B Designation for the purposes of section 62A
- 62C Notifying parish councils of applications under section 62A(1)
- Wales: developments of national significance
- 62D Developments of national significance: applications to be made to Welsh Ministers
- 62E Notification of proposed application under section 62D
- 62F Developments of national significance: secondary consents
- 62G Developments of national significance: supplementary provision about secondary consents
- 62H Developments of national significance: meaning of secondary consent
- 62I Requirement to submit local impact report
- 62J Duty to have regard to local impact report
- 62K Local impact report: supplementary
- 62L Timetable for determining applications
- Wales: option to make application to Welsh Ministers
- 62M Option to make application directly to Welsh Ministers
- 62N Designation for the purposes of section 62M
- 62O Option to make application to Welsh Ministers: connected applications
- Applications made to Welsh Ministers: general
- 62P Applications to the Welsh Ministers: supplementary
- 62Q Notifying community councils of applications made to Welsh Ministers
- 62R Power to make provision by development order in respect of applications to Welsh Ministers
- 62S Exercise of functions by appointed person
- 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Publicity for applications
- 65 Notice etc. of applications for planning permission or permission in principle.
- 66 Notification of applications to owners and agricultural tenants.
- 67 Notification of applications for planning permission for mineral working.
- 68 Further provisions as to certificates under sections 65 to 67.
- 69 Register of applications etc
- 69A The register: additional requirements in relation to England
- Determination of applications
- 70 Determination of applications: general considerations.
- 70A Power of local planning authority to decline to determine applications.Power to decline to determine subsequent application.
- 70B Power to decline to determine overlapping application
- 70C Power to decline to determine retrospective application
- 70D Power to decline to determine applications in cases of earlier non-implementation etc
- 71 Consultations in connection with determinations under s. 70.
- 71ZA Decision notices: Wales
- 71ZB Notification of initiation of development and display of notice: Wales
- 71A Assessment of environmental effects.
- 72 Conditional grant of planning permission.
- 73 Determination of applications to develop land without compliance with conditions previously attached.
- 73A Planning permission for development already carried out.
- 74 Directions etc. as to method of dealing with applications.
- 74A Deemed discharge of planning conditions
- 74B Conditions relating to construction working hours
- 74C Effect of application under section 74B
- 74D Sections 74B and 74C: supplementary
- 75 Effect of planning permission or permission in principle.
- 75ZB Information about neighbourhood development plans
- Applications made to the Welsh Ministers: applicable provisions
- 75A Provisions applying for purpose of applications made to the Welsh Ministers
- 76 Duty to draw attention to certain provisions for benefit of disabled.
- Secretary of State’s powers as respects planning applications and decisions
- 76A Major infrastructure projects
- 76B Major infrastructure projects: inspectors
- 76C Provisions applying to applications made under section 62A
- 76D Deciding applications made under section 62A
- 76E Applications under section 62A: determination by Secretary of State
- 77 Reference of applications to Secretary of State.
- 78 Right to appeal against planning decisions and failure to take such decisions.
- 78A Appeal made: functions of local planning authorities
- 79 Determination of appeals.
- 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Simplified planning zones
- 82 Simplified planning zones.
- 83 Making of simplified planning zone schemes.
- 84 Simplified planning zone schemes: conditions and limitations on planning permission.
- 85 Duration of simplified planning zone scheme.
- 86 Alteration of simplified planning zone scheme.
- 87 Exclusion of certain descriptions of land or development.
- Enterprise zone schemes
- 88 Planning permission for development in enterprise zones.
- 89 Effect on planning permission of modification or termination of scheme.
- Deemed planning permission
- 90 Development with government authorisation.
- Biodiversity gain
- 90A Biodiversity gain in England
- Development progress reports
- 90B Condition relating to development progress reports in England
- Duration of planning permission
- 91 General condition limiting duration of planning permission.
- 92 Outline planning permission.
- 92A Extension of outline planning permission etc in event of legal challenge
- 93 Provisions supplementary to ss. 91 and 92.
- 93A Extension of certain planning permissions: automatic extension
- 93B Extension of certain planning permissions: additional environmental approval
- 93C Interpretation of sections 93A and 93B
- 93D Outline planning permission: automatic extension of time limits for application for approval
- 93E Outline planning permission: automatic extension of certain time limits for beginning development
- 93F Outline planning permission: extension of limits for beginning development with additional environmental approval
- Commencement of development: England
- 93G Commencement notices
- Termination of planning permission: England
- 93H Completion notices
- 93I Appeals against completion notices
- 93J Effect of completion notices
- Termination of planning permission: Wales
- 94 Termination of planning permission by reference to time limit: completion notices in Wales.
- 95 Effect of completion notice in Wales.
- 96 Power of Secretary of State to serve completion notices in Wales.
- Non-material changes to planning permission
- 96A Power to make non-material changes to planning permission or permission in principle
- Revocation and modification of planning permission or permission in principle
- 97 Power to revoke or modify planning permission or permission in principle.
- 98 Procedure for s. 97 orders: opposed cases.
- 99 Procedure for s. 97 orders: unopposed cases.
- 100 Revocation and modification of planning permission or permission in principle by the Secretary of State.
- Power to impose conditions on grant of planning permission in England
- 100ZA Restrictions on power to impose planning conditions in England
- Consultation etc in respect of certain applications relating to planning permission: Wales
- 100A Wales: consultation etc in respect of certain applications relating to planning permission
- References to Planning Inquiry Commission
- 101 Power to refer certain planning questions to Planning Inquiry Commission.
- Other controls over development
- 102 Orders requiring discontinuance of use or alteration or removal of buildings or works.
- 103 Confirmation by Secretary of State of s. 102 orders.
- 104 Power of the Secretary of State to make s. 102 orders.
- 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 106 Planning obligations.
- 106A Modification and discharge of planning obligations.
- 106B Appeals in relation to applications under section 106A.
- 106BA Modification or discharge of affordable housing requirements
- 106BB Duty to notify the Mayor of London of certain applications under section 106BA
- 106BC Appeals in relation to applications under section 106BA
- 106C Legal challenges relating to development consent obligations
- 106D Legal challenges relating to infrastructure consent obligations
- Part IV Compensation for Effects of Certain Orders, Notices, etc.
- Compensation for revocation of planning permission, etc.
- 107 Compensation where planning permission or permission in principle revoked or modified.
- 108 Compensation for refusal or conditional grant of planning permission etc formerly granted by development order , local development order or neighbourhood development order.
- 109 Apportionment of compensation for depreciation.
- 110 Registration of compensation for depreciation.
- 111 Recovery of compensation under s. 107 on subsequent development.
- 112 Amount recoverable under s. 111 and provisions for payment or remission of it.
- 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Compensation for other planning decisions
- 114 Compensation for planning decisions restricting development other than new development.
- 115 Compensation in respect of orders under s. 102, etc.
- 116 Modification of compensation provisions in respect of mineral working etc.
- General and supplemental provisions
- 117 General provisions as to compensation for depreciation under Part IV.
- 118 Determination of claims for compensation.
- Preliminary
- 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Right to compensation
- 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Amount of compensation
- 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Claims for and payment of compensation
- 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Recovery of compensation
- 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Supplementary provisions
- 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Part VI Rights of owners etc. to require purchase of interests
- Chapter I Interests affected by planning decisions or orders
- Service of purchase notices
- 137 Circumstances in which purchase notices may be served.
- 137A Purchase notices: Crown land
- 138 Circumstances in which land incapable of reasonably beneficial use.
- Duties of authorities on service of purchase notice
- 139 Action by council on whom purchase notice is served.
- 140 Procedure on reference of purchase notice to Secretary of State.
- 141 Action by Secretary of State in relation to purchase notice.
- 142 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
- 143 Effect of Secretary of State’s action in relation to purchase notice.
- Compensation
- 144 Special provisions as to compensation where purchase notice served.
- Special provisions for requiring purchase of whole of partially affected agricultural unit
- 145 Counter-notice requiring purchase of remainder of agricultural unit.
- 146 Effect of counter-notice under s. 145.
- 147 Provisions supplemental to ss. 145 and 146.
- Supplemental
- 147A Application of Chapter I to National Parks.
- 148 Interpretation of Chapter I.
- Chapter II Interests Affected by Planning Proposals: Blight
- Preliminary
- 149 Scope of Chapter II.
- Blight notices
- 150 Notices requiring purchase of blighted land.
- 151 Counter-notices objecting to blight notices.
- 152 Further counter-notices where certain proposals have come into force.
- 153 Reference of objection to Upper Tribunal: general.
- 154 Effect of valid blight notice.
- 155 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
- 156 Withdrawal of blight notice.
- Compensation
- 157 Special provisions as to compensation for acquisitions in pursuance of blight notices.
- Special provisions for requiring purchase of whole of partially affected agricultural unit
- 158 Inclusion in blight notices of requirement to purchase parts of agricultural units unaffected by blight.
- 159 Objections to s. 158 notices.
- 160 Effect of notices served by virtue of s. 158.
- Personal representatives, mortgagees and partnerships
- 161 Powers of personal representatives in respect of blight notice.
- 162 Power of mortgagees to serve blight notice.
- 163 Prohibition on service of simultaneous notices under ss. 150, 161 and 162.
- 164 Special provisions as to partnerships.
- Miscellaneous and supplementary provisions
- 164A Power of Welsh Ministers to acquire land identified by National Development Framework for Wales where blight notice served
- 165 Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
- 165ZA Power of Greater London Authority to acquire land affected by designation of Mayoral development area where blight notice served
- 165A Power of Secretary of State to acquire land identified in national policy statements where blight notice served
- 165B Power of Welsh Ministers to acquire land identified in infrastructure policy statements where blight notice served
- 166 Saving for claimant’s right to sell whole hereditament, etc.
- 167 No withdrawal of constructive notice to treat.
- 168 Meaning of “owner-occupier” and “resident owner-occupier”.
- 169 “Appropriate authority” for purposes of Chapter II.
- 170 “Appropriate enactment” for purposes of Chapter II.
- 171 General interpretation of Chapter II.
- Part VII Enforcement
- Introductory
- 171A Expressions used in connection with enforcement.
- 171B Time limits.
- 171BA Time limits in cases involving concealment
- 171BB Planning enforcement orders: procedure
- 171BC Making a planning enforcement order
- Planning contravention notices
- 171C Power to require information about activities on land.
- 171D Penalties for non-compliance with planning contravention notice.
- Temporary stop notices
- 171E Temporary stop notice
- 171F Temporary stop notice: restrictions
- 171G Temporary stop notice: offences
- 171H Temporary stop notice: compensation
- Enforcement notices
- 172 Issue of enforcement notice.
- 172ZA Enforcement warning notice: England
- 172A Assurance as regards prosecution for person served with notice
- 173 Contents and effect of notice.
- 173ZA Enforcement warning notice: Wales
- 173A Variation and withdrawal of enforcement notices.
- 174 Appeal against enforcement notice.
- 175 Appeals: supplementary provisions.
- 176 General provisions relating to determination of appeals.
- 177 Grant or modification of planning permission on appeals against enforcement notices.
- 178 Execution and cost of works required by enforcement notice.
- 179 Offence where enforcement notice not complied with.
- 180 Effect of planning permission, etc., on enforcement or breach of condition notice.
- 181 Enforcement notice to have effect against subsequent development.
- 182 Enforcement by the Secretary of State.
- Stop notices
- 183 Stop notices.
- 184 Stop notices: supplementary provisions.
- 185 Service of stop notices by Secretary of State.
- 186 Compensation for loss due to stop notice.
- 187 Penalties for contravention of stop notice.
- Breach of condition
- 187A Enforcement of conditions.
- Injunctions
- 187B Injunctions restraining breaches of planning control.
- Registers
- 188 Register of enforcement and stop notices and other enforcement action.
- Enforcement of orders for discontinuance of use, etc.
- 189 Penalties for contravention of orders under s. 102 and Schedule 9.
- 190 Enforcement of orders under s. 102 and Schedule 9.
- Certificate of lawful use or development
- 191 Certificate of lawfulness of existing use or development.
- 192 Certificate of lawfulness of proposed use or development.
- 193 Certificates under sections 191 and 192: supplementary provisions.
- 194 Offences.
- 195 Appeals against refusal or failure to give decision on application.
- 196 Further provisions as to references and appeals to the Secretary of State.
- Rights of entry for enforcement purposes
- 196A Rights to enter without warrant.
- 196B Right to enter under warrant.
- 196C Rights of entry: supplementary provisions.
- Conservation areas
- 196D Offence of failing to obtain planning permission for demolition of unlisted etc buildings in conservation areas in England
- Relief from enforcement
- 196E Power to provide relief from enforcement of planning conditions
- Part VIII Special Controls
- Chapter I Trees
- General duty of planning authorities as respects trees
- 197 Planning permission to include appropriate provision for preservation and planting of trees.
- Tree preservation orders
- 198 Power to make tree preservation orders.
- 199 Form of and procedure applicable to orders.
- 200 Tree preservation orders: Forestry Commissioners and Natural Resources Body for Wales
- 201 Provisional tree preservation orders.
- 202 Power for Secretary of State to make tree preservation orders.
- 202A Tree preservation regulations: general
- 202B Tree preservation regulations: making of tree preservation orders
- 202C Tree preservation regulations: prohibited activities
- 202D Tree preservation regulations: consent for prohibited activities
- 202E Tree preservation regulations: compensation
- 202F Tree preservation regulations: registers
- 202G Tree preservation regulations: supplementary
- Compensation for loss or damage caused by orders, etc.
- 203 Compensation in respect of tree preservation orders.
- 204 Compensation in respect of requirement as to replanting of trees.
- 205 Determination of compensation claims.
- Consequences of tree removal, etc.
- 206 Replacement of trees.
- 207 Enforcement of duties as to replacement of trees.
- 208 Appeals against s. 207 notices.
- 209 Execution and cost of works required by s. 207 notice.
- 210 Penalties for non-compliance with tree preservation orderregulations .
- Trees in conservation areas
- 211 Preservation of trees in conservation areas.
- 212 Power to disapply s. 211.
- 213 Enforcement of controls as respects trees in conservation areas.
- 214 Registers of s. 211 notices.
- Injunctions
- 214A Injunctions.
- Rights of entry
- 214B Rights to enter without warrant.
- 214C Right to enter under warrant.
- 214D Rights of entry: supplementary provisions.
- Chapter II Land Adversely Affecting Amenity of Neighbourhood
- 215 Power to require proper maintenance of land.
- 216 Penalty for non-compliance with s. 215 notice.
- 217 Appeal against a section 215 notice.
- 218 Further appeal to the Crown Court: England
- 219 Execution and cost of works required by s. 215 notice.
- Chapter III Advertisements
- Advertisement regulations
- 220 Regulations controlling display of advertisements.
- 221 Power to make different advertisement regulations for different areas.
- 222 Planning permission not needed for advertisements complying with regulations.
- Repayment of expense of removing prohibited advertisements
- 223 Repayment of expense of removing prohibited advertisements.
- Enforcement of control over advertisements
- 224 Enforcement of control as to advertisements.
- 225 Power to remove or obliterate placards and posters.
- 225A Power to remove structures used for unauthorised display
- 225B Appeal against notice under section 225A
- 225C Remedying persistent problems with unauthorised advertisements
- 225D Right to appeal against notice under section 225C
- 225E Applying section 225C to statutory undertakers' operational land
- CHAPTER 4 Remedying defacement of premises
- 225F Power to remedy defacement of premises
- 225G Notices under section 225F in respect of post boxes
- 225H Section 225F powers as respects bus shelters and other street furniture
- 225I Right to appeal against notice under section 225F
- 225J Remedying defacement at owner or occupier's request
- CHAPTER 5 Application of provisions of Chapters 3 and 4 to statutory undertakers
- 225K Action under sections 225A, 225C and 225F: operational land
- Part IX Acquisition and Appropriation of Land for Planning Purposes, etc.
- Acquisition for planning and public purposes
- 226 Compulsory acquisition of land for development and other planning purposes.
- 226A Compulsory acquisition of land by combined authorities and CCAs
- 227 Acquisition of land by agreement.
- 228 Compulsory acquisition of land by the Secretary of State for Housing, Communities and Local Government .
- 229 Appropriation of land forming part of common, etc.
- 230 Acquisition of land for purposes of exchange.
- 231 Power of Secretary of State to require acquisition or development of land.
- Appropriation, disposal and development of land held for planning purposes, etc.
- 232 Appropriation of land held for planning purposes.
- 233 Disposal by local or strategic authorities of land held for planning purposes.
- 234 Disposal by Secretary of State of land acquired under s. 228.
- 235 Development of land held for planning purposes.
- Extinguishment of certain rights affecting acquired or appropriated land
- 236 Extinguishment of rights over land compulsorily acquired.
- 237 Power to override easements and other rights.
- 238 Use and development of consecrated land.
- 239 Use and development of burial grounds.
- 240 Provisions supplemental to ss. 238 and 239.
- 241 Use and development of open spaces.
- 242 Overriding of rights of possession.
- Constitution of joint body to hold land for planning purposes
- 243 Constitution of joint body to hold land for planning purposes.
- General and supplementary provisions
- 244 Powers of joint planning boards under Part IX.
- 244A Powers of National Park authorities under Part IX.
- 245 Modification of incorporated enactments for purposes of this Part.
- 246 Interpretation of Part IX.
- Part X Highways
- Orders made by Secretary of State
- 247 Highways affected by development: orders by Secretary of State.
- 248 Highways crossing or entering route of proposed new highway, etc.
- 249 Order extinguishing right to use vehicles on highway.
- 250 Compensation for orders under s. 249.
- 251 Extinguishment of public rights of way over land held for planning purposes.
- 252 Procedure for making of orders.
- 253 Procedure in anticipation of planning permission.
- 254 Compulsory acquisition of land in connection with highways.
- 255 Concurrent proceedings in connection with highways.
- 256 Telecommunication apparatus: orders by Secretary of State.
- Orders by other authorities
- 257 Footpaths , bridleways and restricted byways affected by development: orders by other authorities.
- 258 Extinguishment of public rights of way over land held for planning purposes.
- 259 Confirmation of orders made by other authorities.
- 260 Telecommunication apparatus: orders by or on application of other authorities.
- Temporary highway orders: mineral workings
- 261 Temporary stopping up of highways for mineral workings.
- Part XI Statutory Undertakers
- Preliminary
- 262 Meaning of “statutory undertakers”.
- 263 Meaning of “operational land”.
- 264 Cases in which land is to be treated as not being operational land.
- 265 Meaning of “the appropriate Minister”.
- Application of Part III to statutory undertakers
- 266 Applications for planning permission by statutory undertakers.
- 267 Conditional grants of planning permission.
- 268 Development requiring authorisation of government department.
- 269 Revocation or modification of permission to develop operational land.
- 270 Order requiring discontinuance of use etc. of operational land.
- Extinguishment of rights of statutory undertakers, etc.
- 271 Extinguishment of rights of statutory undertakers: preliminary notices.
- 272 Extinguishment of rights of telecommunications code system operators: preliminary notices.
- 273 Notice for same purposes as ss. 271 and 272 but given by undertakers to developing authority.
- 274 Orders under ss. 271 and 272.
- Extension or modification of statutory undertakers’ functions
- 275 Extension or modification of functions of statutory undertakers.
- 276 Procedure in relation to orders under s. 275.
- 277 Relief of statutory undertakers from obligations rendered impracticable.
- 278 Objections to orders under ss. 275 and 277.
- Compensation
- 279 Right to compensation in respect of certain decisions and orders.
- 280 Measure of compensation to statutory undertakers, etc.
- 281 Exclusion of s. 280 at option of statutory undertakers.
- 282 Procedure for assessing compensation.
- Advertisements
- 283 Display of advertisements on operational land.
- Part XII Validity
- 284 Validity of development plans and certain orders, decisions and directions.
- 285 Validity of enforcement notices and similar notices.
- 286 Challenges to validity on ground of authority’s powers.
- 287 Proceedings for questioning validity of development plans and certain schemes and orders.
- 288 Proceedings for questioning the validity of other orders, decisions and directions.
- 289 Appeals to High Court relating to certain notices.
- 290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 291 Special provisions as to decisions relating to statutory undertakers.
- 292 Special provisions as to orders subject to special parliamentary procedure.
- Part XIII Application of Act to Crown Land
- Preliminary
- 292A Application to the Crown
- 293 Preliminary definitions.
- Application of Act as respects Crown land
- 293A Urgent Crown development: application to the Welsh Ministers
- 293B Urgent Crown development: applications to the Secretary of State
- 293C Urgent Crown development: determination of applications by the Secretary of State
- 293D Crown development: applications to the Secretary of State
- 293E Crown development: connected applications to the Secretary of State
- 293F Applications under section 293D or 293E: supplementary matters
- 293G Notifying parish councils of applications under section 293D(2)
- 293H Provisions applying to applications made under section 293D or 293E
- 293I Deciding applications made under section 293D or 293E
- 293J Applications under section 293D or 293E: determination by the Secretary of State
- 294 Control of development on Crown land: special enforcement notices.
- 295 Supplementary provisions as to special enforcement notices.
- 296 Exercise of powers in relation to Crown land.
- 296A Enforcement in relation to the Crown
- 296B References to an interest in land
- 297 Agreements relating to Crown land.
- 298 Supplementary provisions as to Crown and Duchy interests.
- 298A Applications for planning permission etc by Crown
- Provisions relating to anticipated disposal of Crown land
- 299 Application for planning permission etc. in anticipation of disposal of Crown land.
- 299A Crown planning obligations.
- 300 Tree preservation orders in anticipation of disposal of Crown land.
- 301 Requirement of planning permission for continuance of use instituted by the Crown.
- Enforcement in respect of war-time breaches of planning control by Crown
- 302 Enforcement in respect of war-time breaches of planning control by the Crown.
- Part XIV Financial Provisions
- 303 Fees for planning applications etc.
- 303ZZA Directions in relation to fees set by English local planning authorities etc
- 303ZZB Surcharge on planning fees
- 303ZA Fees for appeals
- 303A Responsibility of local planning authorities for costs of holding certain inquiries etc.
- 304 Grants for research and education.
- 304A Grants for advice and assistance
- 305 Contributions by Ministers towards compensation paid by local authorities.
- 306 Contributions by relevant authorities and statutory undertakers.
- 307 Assistance for acquisition of property where objection made to blight notice in certain cases.
- 308 Recovery from acquiring authorities of sums paid by way of compensation.
- 309 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 310 Sums recoverable from acquiring authorities reckonable for purposes of grant.
- 311 Expenses of government departments.
- 312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 313 General provision as to receipts of Secretary of State.
- 314 Expenses of county councils.
- Part XV Miscellaneous and General Provisions
- Application of Act in special cases
- 314A Wales: duties relating to listed buildings and features of architectural or historic interest
- 315 Power to modify Act in relation to minerals.
- 316 Land of interested planning authorities and development by them.
- 316A Local planning authorities as statutory undertakers.
- 317 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 318 Ecclesiastical property.
- 319 The Isles of Scilly.
- England: training in the exercise of certain planning functions
- 319ZZA Training: local planning authorities in England
- 319ZZB Training: certain mayoral planning functions
- England: discharge of functions of local planning authority
- 319ZZC Requirement for functions to be discharged by committee, sub-committee or officer
- 319ZZD Size and composition of committee discharging functions
- 319ZZE Sections 319ZZC and 319ZZD: supplementary
- 319ZZF Interpretation of sections 319ZZC to 319ZZE
- Wales: discharge of functions of local planning authority relating to applications
- 319ZA Requirement for functions to be discharged by committee, sub-committee or officer
- 319ZB Size and composition of committee discharging functions
- 319ZC Sections 319ZA and 319ZB: supplementary
- 319ZD Interpretation of sections 319ZA to 319ZC
- Determination of procedure
- 319A Determination of procedure for certain proceedings: England
- 319B. Determination of procedure for certain proceedings: Wales
- Local inquiries and other hearings
- 320 Local inquiries.
- 321 Planning inquiries to be held in public subject to certain exceptions.
- 321A Appointed representative: no inquiry
- 321B Special provision in relation to planning inquiries: Wales
- 322 Orders as to costs of parties where no local inquiry held.
- 322A Orders as to costs: supplementary.
- 322B Local inquiries in London: special provision as to costs in certain cases.
- 322C Costs: Wales
- 323 Procedure on certain appeals and applications: England.
- 323A Procedure for certain proceedings: Wales
- Rights of entry
- 324 Rights of entry.
- 325 Supplementary provisions as to rights of entry.
- 325A Rights of entry: Crown land
- Miscellaneous and general provisions
- 326 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 327 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 327ZA Planning applications in England: powers as to form and content
- 327A Applications: compliance with requirements
- 328 Settled land ....
- 329 Service of notices.
- 329A Service of notices on the Crown
- 330 Power to require information as to interests in land.
- 330A Information as to interests in Crown land
- 331 Offences by corporations.
- 332 Combined applications.
- 333 Regulations and orders.
- 334 Licensing planning areas.
- 335 Act not excluded by special enactments.
- 336 Interpretation.
- 337 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Local Planning Authorities: Distribution of Functions
- Preliminary
- Development plans
- Planning and special control
- Compensation
- The Crown
- Miscellaneous
- SCHEDULE 1A Distribution of Local Planning Authority Functions: Wales
- Compensation
- Miscellaneous
- SCHEDULE 2 Development Plans: Transitional Provisions
- Part I The Metropolitan Counties
- Publicity in connection with local plan
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- Pending proposals by metropolitan county council
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- Part IA Wales
- Continuation of structure, local and old development plans
- Revocation of structure plan
- Incorporation of current policy in unitary development plan
- Meaning of ”local plan”
- Part II Greater London
- Surveys and local plans
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- Joint plans
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- Incorporation of current local plan in unitary development plan
- Publicity in connection with local plan
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- Part III Old Development Plans
- Development plans for compensation purposes
- Discontinuance of old development plan on adoption of local plan
- SCHEDULE 3 Development Not Constituting New Development
- Part I Development Not Ranking For Compensation Under s. 114
- Part II Development ranking for compensation under s. 114
- Part III Supplementary Provisions
- SCHEDULE 4 Special provisions as to land use in 1948
- SCHEDULE 4A Local development orders: procedure
- Preparation
- Revision
- Order to be adopted
- Annual report
- Annual report
- SCHEDULE 4B Process for making of neighbourhood development orders
- Proposals for neighbourhood development orders
- Advice and assistance in connection with proposals
- Requirements to be complied with before proposals made or considered
- Consideration of proposals by authority
- Independent examination
- Consideration by authority of recommendations made by examiner etc
- Referendum
- Intervention powers of Secretary of State
- Interpretation
- SCHEDULE 4C Community right to build orders
- Introduction
- Meaning of “community right to build order”
- Meaning of “community organisation”
- Proposals by community organisations for community right to build orders
- Development likely to have significant effects on environment etc
- Examination of proposals for community right to build orders etc
- Use of land
- Different provision made by regulations for community right to build orders
- SCHEDULE 4D EXERCISE OF FUNCTIONS BY APPOINTED PERSON IN CONNECTION WITH ... APPLICATIONS MADE TO THE WELSH MINISTERS
- Exercise of functions in respect of development of national significance and connected applications
- Applications under section 62M or 62O: exercise of functions
- Revocation of appointments
- Exercise of functions by appointed person
- Determination by appointed person
- Power of Welsh Ministers to exercise functions in place of appointed person
- Power of Welsh Ministers to appoint assessor
- SCHEDULE 5 Conditions relating to Mineral Working
- Part I Conditions imposed on Grant of Permission
- Duration of development
- Power to impose aftercare conditions
- Meaning of “required standard”
- Consultations
- Certificate of compliance
- Recovery of expenses of compliance
- Part II Conditions imposed on Revocation or Modification of Permission
- Interpretation
- SCHEDULE 6 Determination of Certain Appeals by Person Appointed by Secretary of State
- Determination of appeals by appointed person
- Powers and duties of appointed person
- Determination of appeals by Secretary of State
- Appointment of another person to determine appeal
- Local inquiries and hearings
- Supplementary provisions
- SCHEDULE 7 Simplified Planning Zones
- General
- Notification of proposals to make or alter scheme
- Power of Secretary of State to direct making or alteration of scheme
- Steps to be taken before depositing proposals
- Procedure after deposit of proposals
- Powers of Secretary of State to secure adequate publicity and consultations
- Procedure for dealing with objections
- Adoption of proposals by local planning authority
- Calling in of proposals for approval by Secretary of State
- Approval of proposals by Secretary of State
- Default powers
- Regulations and directions
- SCHEDULE 7A Biodiversity gain in England
- PART 1 Overview and interpretation
- Overview
- Biodiversity gain objective
- Biodiversity value and the biodiversity metric
- Pre-development biodiversity value
- Post-development biodiversity value
- Registered offsite biodiversity gains
- Biodiversity credits
- General
- PART 1A LOCAL PLANNING AUTHORITY
- Introduction
- General Rule
- Rules in cases involving the Mayor of London
- Rule in case involving combined authorities
- Rule in cases involving orders made under other Acts
- Supplementary
- PART 2 Condition of planning permission relating to biodiversity gain
- General condition of planning permission
- Biodiversity gain plan
- Approval of biodiversity gain plan
- Regulations about determinations
- Exceptions
- Modifications for irreplaceable habitat
- Modifications for particular kinds of planning permission
- Further application of this Part
- SCHEDULE 8 Planning Inquiry Commissions
- Part I Constitution and Procedure on References
- Constitution of Commissions
- Reference to a Planning Inquiry Commission
- Functions of Planning Inquiry Commission on reference
- Procedure on reference to a Planning Inquiry Commission
- Local inquiries held by Planning Inquiry Commission
- Part II Meaning of “the responsible Minister or Ministers”
- SCHEDULE 9 Requirements relating to Discontinuance of Mineral Working
- Orders requiring discontinuance of mineral working
- Prohibition of resumption of mineral working
- Orders after suspension of winning and working of minerals
- Supplementary suspension orders
- Confirmation and coming into operation of suspension orders
- Registration of suspension orders as local land charges
- Review of suspension orders
- Resumption of mineral working after suspension order
- Default powers of Secretary of State
- Interpretation
- SCHEDULE 10 Condition treated as applicable to rebuilding and alterations
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- SCHEDULE 13 Blighted Land
- Land allocated for public authority functions in development plans etc.
- Notes
- New towns and urban development areas
- Clearance and renewal areas
- Highways
- New streets
- General improvement areas
- Compulsory purchase
- Land identified in national policy statements
- Land identified in infrastructure policy statements
- SCHEDULE 14 Procedure for footpaths and bridleways orders
- Part I Confirmation of orders
- Part II Publicity for orders after confirmation
- SCHEDULE 15 Preliminary
- Making of compliance determination applications
- Determination of applications
- Appeals against compliance determinations or failure to make such determinations
- Fresh applications where alteration in circumstances
- References of application to Secretary of State
- Information
- Opportunity for hearing
- Notice of proposed enforcement
- Power of entry
- Service of notices
- Supplementary provisions
- SCHEDULE 16 Provisions of the Planning Acts referred to in Sections 314 to 319
- SCHEDULE 17 Enactments Exempted from Section 333(6)
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