Town and Country Planning Act 1990

Other controls over development

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

(1)If, having regard to the development plan and to any other material considerations, it appears to a local planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)—

(a)that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land; or

(b)that any buildings or works should be altered or removed,

they may by order—

(i)require the discontinuance of that use, or

(ii)impose such conditions as may be specified in the order on the continuance of it, or

(iii)require such steps as may be so specified to be taken for the alteration or removal of the buildings or works,

as the case may be.

(2)An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order.

(3)Section 97 shall apply in relation to any planning permission granted by an order under this section as it applies in relation to planning permission granted by the local planning authority on an application made under this Part.

(4)The power conferred by subsection (2) includes power, by an order under this section, to grant planning permission, subject to such conditions as may be specified in the order—

(a)for the retention, on the land to which the order relates, of buildings or works constructed or carried out before the date on which the order was submitted to the Secretary of State under section 103; or

(b)for the continuance of a use of that land instituted before that date.

(5)Any planning permission granted in accordance with subsection (4) may be granted—

(a)so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or

(b)in the case of buildings or works constructed or a use instituted in accordance with planning permission granted for a limited period, so as to take effect from the end of that period.

(6)Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the local planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.

(7)Subject to section 103(8), in the case of planning permission granted by an order under this section, the authority referred to in sections 91(1)(b) and 92(4) is the local planning authority making the order.

(8)The previous provisions of this section do not apply to the use of any land for development consisting in the winning or working of minerals except as provided in Schedule 9, and that Schedule shall have effect for the purpose of making provision as respects land which is or has been so used.

103Confirmation by Secretary of State of s. 102 orders

(1)An order under section 102 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(2)The power of the Secretary of State under this section to confirm an order subject to modifications includes power—

(a)to modify any provision of the order granting planning permission, as mentioned in subsections (2) to (5) of section 102;

(b)to include in the order any grant of planning permission which might have been included in the order as submitted to him.

(3)Where a local planning authority submit an order to the Secretary of State for his confirmation under this section, they shall serve notice—

(a)on the owner of the land affected,

(b)on the occupier of that land, and

(c)on any other person who in their opinion will be affected by the order.

(4)The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5)If within that period such a person so requires, before the Secretary of State confirms the order, he shall give such an opportunity both to him and to the local planning authority.

(6)The period referred to in subsection (4) must not be less than 28 days from the service of the notice.

(7)Where an order under section 102 has been confirmed by the Secretary of State, the local planning authority shall serve a copy of the order on the owner and occupier of the land to which the order relates.

(8)Where the Secretary of State exercises his powers under subsection (2) in confirming an order granting planning permission, he is the authority referred to in sections 91(1)(b) and 92(4).

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

(1)If it appears to the Secretary of State that it is expedient that an order should be made under section 102, he may himself make such an order.

(2)Such an order made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.

(3)The Secretary of State shall not make such an order without consulting the local planning authority.

(4)Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.

(5)The notice shall specify the period within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(6)If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.

(7)The period referred to in subsection (5) must not be less than 28 days from the date of the service of the notice.

(8)The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 102, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order, its making by him and the service of copies of it.

105Duty of mineral planning authorities to review mineral workings

(1)It shall be the duty of every mineral planning authority—

(a)to undertake at such intervals as they consider fit reviews of every site in their area in, on or under which operations for the winning and working of minerals—

(i)are being carried out; or

(ii)have been carried out at any time during the relevant period; or

(iii)are authorised by planning permission but have not been begun; and

(b)to make in respect of any such site any order under section 97 or under paragraph 1, 3, 5 or 6 of Schedule 9 that they consider appropriate.

(2)In subsection (1) “the relevant period”, in relation to a review, means the period of five years preceding the date of the beginning of the review or such other period as may be prescribed.

106Agreements regulating development or use of land

(1)A local planning authority may enter into an agreement with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement.

(2)Any such agreement may contain such incidental and consequential provisions (including financial ones) as appear to the local planning authority to be necessary or expedient for the purposes of the agreement.

(3)An agreement made under this section with any person interested in land may be enforced by the local planning authority against persons deriving title under that person in respect of that land as if the local planning authority were possessed of adjacent land and as if the agreement had been expressed to be made for the benefit of such land.

(4)Nothing in this section or in any agreement made under it shall be construed—

(a)as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan; or

(b)as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a).