Part XV Miscellaneous and General Provisions
Application of Act in special cases
315 Power to modify Act in relation to minerals.
1
In relation to development consisting of the winning and working of minerals F1or involving the depositing of mineral waste, the provisions specified in Parts I and II of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.
2
In relation to interests in land consisting of or comprising minerals (being either the fee simple or tenancies of such land) F2. . ., the provisions specified in Part III of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.
3
Regulations made for the purposes of this section may only be made with the consent of the Treasury and shall be of no effect unless they are approved by resolution of each House of Parliament.
4
Any regulations made by virtue of subsection (1) shall not apply—
a
to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works on it which are occupied or used for those purposes; F3. . .
F3b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Nothing in subsection (1) or (4) shall be construed as affecting the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.
C1316F4Land of interested planning authorities and development by them.
1
The provisions of Parts III, VII and VIII of this Act shall apply in relation to—
a
land of interested planning authorities; and
b
the development of any land by interested planning authorities or by such authorities jointly with any other persons,
subject to regulations made by virtue of this section.
2
The regulations may, in relation to such land or such development—
a
provide for any of those provisions to apply subject to prescribed exceptions or modifications or not to apply;
b
make new provision as to any matter dealt with in any of those provisions;
c
make different provision in relation to different classes of land or development.
3
Without prejudice to subsection (2), the regulations may provide—
a
subject to subsection (5), for applications for planning permission to develop such land, or for such development, to be determined by the authority concerned, by another interested planning authority or by the Secretary of State; and
b
for the procedure to be followed on such applications,
and, in the case of applications falling to be determined by an interested planning authority, they may regulate the authority’s arrangements for the discharge of their functions, notwithstanding anything in section 101 of the M1Local Government Act 1972.
4
The regulations shall—
a
provide for section 71(3), and any provision made by virtue of section 65 or 71 by a development order, to apply to applications for planning permission to develop such land, or for such development, subject to prescribed exceptions or modifications, or
b
make corresponding provision.
5
In the case of any application for planning permission to develop land of an interested planning authority where—
a
the authority do not intend to develop the land themselves or jointly with any other person; and
b
if it were not such land, the application would fall to be determined by another body,
the regulations shall provide for the application to be determined by that other body, unless the application is referred to the Secretary of State under section 77.
6
In this section “interested planning authority”, in relation to any land, means any body which exercises any of the functions of a local planning authority in relation to that land; and for the purposes of this section land is land of an authority if the authority have any interest in it.
7
This section applies to any consent required in respect of any land as it applies to planning permission to develop land.
8
Subsection (1) does not apply to sections 76, 90(2) and (5) and 223.
316AF5Local planning authorities as statutory undertakers.
In relation to statutory undertakers who are local planning authorities, section 283 and the provisions specified in that section shall have effect subject to such exceptions and modifications as may be prescribed.
F6317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
318 Ecclesiastical property.
C21
Without prejudice to the provisions of the M2Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the F7Diocesan Board of Finance for the diocese in which the land is situated.
2
F8Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant—
a
C23
Any compensation payable under Part IV, section 186, Part VIII (except section 204) or section 250 in respect of land which is ecclesiastical property F11shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated, and shall F12. . . be applied by F13it for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.
4
Any sum which under any of the provisions specified in Part III of Schedule 16 is payable in relation to land which is, or on 1st July 1948 was, ecclesiastical property, and apart from this subsection would be payable to an incumbent—
a
shall be paid to the F14Diocesan Board of Finance for the diocese in which the land is situated, and
5
C26
In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice F18of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese F19of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F20. . . .
319F21The Isles of Scilly.
1
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
2
An order under this section may in particular provide for the exercise by the Council of the Isles of Scilly of any functions exercisable by a local planning authority or mineral planning authority.
3
Before making an order under this section the Secretary of State shall consult with that Council.
F108Determination of procedure
319ADetermination of procedure for certain proceedings
1
The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.
2
A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate—
a
at a local inquiry;
b
at a hearing;
c
on the basis of representations in writing.
3
The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.
4
A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.
5
The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).
6
The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).
7
This section applies to—
a
an application referred to the Secretary of State under section 77 instead of being dealt with by a local planning authority in England;
b
an appeal under section 78 against a decision of a local planning authority in England;
c
an appeal under section 174 against an enforcement notice issued by a local planning authority in England;
d
an appeal under section 195 against a decision of a local planning authority in England; and
e
an appeal under section 208 against a notice under section 207(1) issued by a local planning authority in England.
8
But this section does not apply to proceedings if they are referred to a Planning Inquiry Commission under section 101; and on proceedings being so referred, any determination made in relation to the proceedings under subsection (1) of this section ceases to have effect.
9
The Secretary of State may by order amend subsection (7) to—
a
add proceedings to, or remove proceedings from, the list of proceedings to which this section applies, or
b
otherwise modify the descriptions of proceedings to which this section applies.
10
An order under subsection (9) may—
a
contain incidental, supplementary, consequential, transitional and transitory provision and savings;
b
amend, repeal or revoke any provision made by or under this Act or by or under any other Act.
Local inquiries and other hearings
C4320 Local inquiries. C3
1
The Secretary of State may cause a local inquiry to be held for the purposes of the exercise of any of his functions under any of the provisions of this Act.
2
Subsections (2) to (5) of section 250 of the M3Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held by virtue of this section.
C5321 Planning inquiries to be held in public subject to certain exceptions.
1
This section applies to any inquiry held under section 320(1), paragraph 6 of Schedule 6 or paragraph 5 of Schedule 8.
2
Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.
3
If the Secretary of State is satisfied in the case of any such inquiry—
a
that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4); and
b
that the public disclosure of that information would be contrary to the national interest,
he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in the direction.
4
The matters referred to in subsection (3)(a) are—
a
national security; and
b
the measures taken or to be taken to ensure the security of any premises or property.
F225
If the Secretary of State is considering giving a direction under subsection (3) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
6
If before the Secretary of State gives a direction under subsection (3) no person is appointed under subsection (5), the Attorney General may at any time appoint a person as mentioned in subsection (5) for the purposes of the inquiry.
7
The Lord Chancellor may by rules make provision—
a
as to the procedure to be followed by the Secretary of State before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5);
b
as to the functions of a person appointed under subsection (5) or (6).
8
Rules made under subsection (7) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
9
If a person is appointed under subsection (5) or (6) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in subsection (4) (the responsible person) to pay the fees and expenses of the appointed representative.
10
If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
11
The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.
12
An amount so certified is recoverable from the responsible person as a civil debt.
321AF34Appointed representative: no inquiry
1
This section applies if—
a
a person is appointed under subsection (5) or (6) of section 321, but
b
no inquiry is held as mentioned in subsection (1) of that section.
2
Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
3
For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held.
4
This section does not affect section 322A.
321BF35Special provision in relation to planning inquiries: Wales
1
This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales.
2
The references in section 321(5) and (6) to the Attorney General must be read as references to the Counsel General to the F23Welsh Assembly Government .
3
The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies.
4
If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry.
5
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Section 333(3) does not apply to regulations made under subsection (4).
C6F25I1322 Orders as to costs of parties where no local inquiry held.
1
This section applies to proceedings under this Act where the Secretary of State is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him.
F261A
This section also applies to proceedings under this Act to which section 319A applies.
2
The Secretary of State has the same power to make orders under section 250(5) of the M4Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.
C38C37C7C8C9C37322A F27Orders as to costs: supplementary.
1
This section applies where—
a
for the purposes of any proceedings under this Act—
i
the Secretary of State is required, before a decision is reached, to give any person an opportunity, or ask any person whether he wishes, to appear before and be heard by a person appointed by him; and
ii
arrangements are made for a local inquiry or hearing to be held;
b
the inquiry or hearing does not take place; and
c
if it had taken place, the Secretary of State or a person appointed by him would have had power to make an order under section 250(5) of the M5Local Government Act 1972 requiring any party to pay any costs of any other party.
F281A
This section also applies where—
a
arrangements are made for a local inquiry or a hearing to be held pursuant to a determination under section 319A;
b
the inquiry or hearing does not take place; and
c
if it had taken place, the Secretary of State or a person appointed by the Secretary of State would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay any costs of any other party.
2
Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.
322BF29 Local inquiries in London: special provision as to costs in certain cases.
1
This section applies where—
a
the local planning authority for a London borough refuse an application for planning permission,
b
that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and
c
an appeal against the refusal is made to the Secretary of State under section 78.
2
If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if—
a
for subsection (4) there were substituted the subsection set out at subsection (5) below, and
b
for subsection (5) there were substituted the subsection set out at subsection (6) below.
3
If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
4
If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
5
The subsection referred to in subsection (2)(a) above is as follows—
“
Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry shall be paid—
a
by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or
b
if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;
and the Secretary of State may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt. ”
6
The subsection referred to in subsection (2)(b) above is as follows—
“
Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and—
a
the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission;
b
every such order may be made a rule of the High Court on the application of any party named in the order. ”
7
In this section “the 1972 Act” means the Local Government Act 1972.
C11323 Procedure on certain appeals and applications. C10
1
The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under F30section 9 of the Tribunals and Inquiries Act 1992 apply.
F311A
The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act which, pursuant to a determination under section 319A, are to be considered on the basis of representations in writing.
2
F32Regulations under this section may in particular make provision as to the procedure to be followed—
a
where steps have been taken with a view to the holding of F33an inquiry or hearing to which rules under section 9 of the Tribunals and Inquiries Act 1992 would apply which does not take place, or
b
where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or
c
where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,
and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.
3
F32Regulations under this section may also—
a
provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents;
b
prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;
c
empower the Secretary of State to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and
d
empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.
Rights of entry
C12324 Rights of entry.
1
Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—
C13F36a
the preparation, revision, adoption or approval of a local development document under Part 2 of the Planning and Compulsory Purchase Act 2004 or a local development plan under Part 6 of that Act;
F113aa
the preparation, making, modification or revocation of a neighbourhood development plan under Part 3 of that Act;
b
any application under Part III or sections F37. . ., 220 or 221 or under any order or regulations made under any of those provisions, for any permission, consent or determination to be given or made in connection with that land or any other land under that Part or any of those sections or under any such order or regulations;
F1121A
For the purposes of subsection (1)(c) the reference to a proposal by the local planning authority to make any order under Part 3 includes a reference to a proposal submitted (or to be submitted) to the authority for the making by them of a neighbourhood development order.
F402
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Any person duly authorised in writing by the local planning authority may at any reasonable time enter any land for the purpose of exercising a power conferred on the authority by section 225 if—
a
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
it would be impossible to exercise the power without entering the land.
F424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Any person who is an officer of the Valuation Office or is duly authorised in writing by a local planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land which is payable by the local planning authority under Part IV, section 186, F43Chapter 2 or 3 of Part VIII, section 250(1) or Part XI (other than section 279(2) or (3) or 280(1)(c)).
C146
Any person who is an officer of the Valuation Office or is duly authorised in writing by a local authority or Minister authorised to acquire land under section 226 or 228 or by a local authority who have power to acquire land under Part IX may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land or in connection with any claim for compensation in respect of any such acquisition.
7
Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land in respect of which an order or notice has been made or served as mentioned in subsection (1)(c) for the purpose of ascertaining whether the order or notice has been complied with.
C158
Subject to section 325, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.
9
In subsections (1)(c) and (7) references to a local planning authority include, in relation to a building situated in Greater London, a reference to the Historic Buildings and Monuments Commission for England.
C17325 Supplementary provisions as to rights of entry. C16
C181
A person authorised under section 324 to enter any land—
a
shall, if so required, produce evidence of his authority F44and state the purpose of his entry before so entering, and
b
shall not demand admission as of right to any land which is occupied unless 24 hours’ notice of the intended entry has been given to the occupier.
C182
Any person who wilfully obstructs a person acting in the exercise of his powers under section 324 shall be guilty of an offence and liable on summary conviction to a fine not exceeding F45level 3 on the standard scale.
C183
If any person who, in compliance with the provisions of section 324, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in it as to any manufacturing process or trade secret, he shall be guilty of an offence.
C184
Subsection (3) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the F46land.
C185
A person who is guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
6
Where any F47damage is caused to land or chattels—
a
in the exercise of a right of entry conferred under section 324, or
b
in the making of any survey for the purpose of which any such right of entry has been so conferred,
compensation F47may be recovered by any person suffering the damage from the Secretary of State or authority on whose behalf the entry was effected.
7
The provisions of section 118 shall apply in relation to compensation under subsection (6) as they apply in relation to compensation under Part IV.
C188
No person shall carry out under section 324 any works authorised by virtue of subsection (8) of that section unless notice of his intention to do so was included in the notice required by subsection (1).
C19C189
The authority of the appropriate Minister shall be required for the carrying out under that section of works so authorised if the land in question is held by statutory undertakers, and they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
325AF48Rights of entry: Crown land
1
Section 324 applies to Crown land subject to the following modifications.
2
A person must not enter Crown land unless he has the relevant permission.
3
Relevant permission is the permission of—
a
a person appearing to the person seeking entry to the land to be entitled to give it, or
b
the appropriate authority.
4
In subsection (8) the words “Subject to section 325” must be ignored.
5
Section 325 does not apply to anything done by virtue of this section.
6
“Appropriate authority” must be construed in accordance with section 293(2).
Miscellaneous and general provisions
F49326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
327AF105Applications: compliance with requirements
1
This section applies to any application in respect of which this Act or any provision made under it imposes a requirement as to—
a
the form or manner in which the application must be made;
b
the form or content of any document or other matter which accompanies the application.
2
The local planning authority must not entertain such an application if it fails to comply with the requirement.
C20328 Settled land and land of universities and colleges.
1
The purposes authorised for the application of capital money—
b
by section 26 of the M7Universities and College Estates Act 1925,
shall include the payment of any sum recoverable under section 111, F52or 112.
2
The purposes authorised as purposes for which money may be raised by mortgage—
a
by section 71 of the Settled Land Act 1925 F53. . .; and
b
by section 30 of the Universities and College Estates Act 1925,
shall include the payment of any sum so recoverable.
C22C23329 Service of notices. C21
C241
Any notice or other document required or authorised to be served or given under this Act may be served or given either—
a
by delivering it to the person on whom it is to be served or to whom it is to be given; or
b
by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address; or
c
by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or, in a case where an address for service has been given by that person, at that address; or
F54cc
in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (3A), to that person at that address (subject to subsection (3B)); or
d
in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.
C242
Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—
a
it is addressed to him either by name or by the description of “the owner” or, as the case may be, “the occupier” of the premises (describing them) and is delivered or sent in the manner specified in subsection (1)(a), (b) or (c); or
b
it is so addressed and is marked in such a manner as may be prescribed for securing that it is plainly identifiable as a communication of importance and—
i
it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or
ii
it is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.
3
Where—
a
the notice or other document is required to be served on or given to all persons who have interests in or are occupiers of premises comprised in any land, and
b
it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied,
the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to “the owners and any occupiers” of that part of the land (describing it) and is affixed conspicuously to some object on the land.
F553A
The condition mentioned in subsection (1)(cc) is that the notice or other document shall be—
a
capable of being accessed by the person mentioned in that provision;
b
legible in all material respects; and
c
in a form sufficiently permanent to be used for subsequent reference;
and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.
3B
Subsection (1)(cc) shall not apply to—
a
service of a planning contravention notice;
b
service of a copy of an enforcement notice by a local planning authority;
c
giving of notice under section 173A of the exercise of powers conferred by subsection (1) of that section;
d
service under section 181(4) of notice of a local planning authority’s intention to take steps required by an enforcement notice;
e
service of an enforcement notice issued by the Secretary of State;
f
service of a stop notice, or of notice of withdrawal of a stop notice, by a local planning authority;
g
service of a stop notice by the Secretary of State;
h
service of a breach of condition notice or of notice of withdrawal of a breach of condition notice;
i
giving of notice of the making of a tree preservation order, or service of a copy of such an order, in accordance with regulations under section 199;
j
service of a notice under section 215 requiring steps to be taken to remedy the condition of any land;
k
service of a notice under section 330 requiring information as to interests in land.
C24F564
This section is without prejudice to section 233 of the M8Local Government Act 1972 (general provisions as to service of notices by local authorities).
329AF106Service of notices on the Crown
1
Any notice or other document required under this Act to be served on the Crown must be served on the appropriate authority.
2
Section 329 does not apply for the purposes of the service of such a notice or document.
3
“Appropriate authority” must be construed in accordance with section 293(2).
C25C26C27C28330 Power to require information as to interests in land.
1
For the purpose of enabling the Secretary of State or a local authority to make an order or issue or serve any notice or other document which, by any of the provisions of this Act, he or they are authorised or required to make, issue or serve, the Secretary of State or the local authority may by notice in writing require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises to give in writing such information as to the matters mentioned in subsection (2) as may be so specified.
2
Those matters are—
a
the nature of the interest in the premises of the person on whom the notice is served;
b
the name and F57postal address of any other person known to him as having an interest in the premises;
c
the purpose for which the premises are being used;
d
the time when that use began;
e
the name and F57postal address of any person known to the person on whom the notice is served as having used the premises for that purpose;
f
the time when any activities being carried out on the premises began.
3
A notice under subsection (1) may require information to be given within 21 days after the date on which it is served, or such longer time as may be specified in it, or as the Secretary of State or, as the case may be, the local authority may allow.
4
Any person who, without reasonable excuse, fails to comply with a notice served on him under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
Any person who, having been required by a notice under subsection (1) to give any information, knowingly makes any misstatement in respect of it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or both.
F586
This section shall have effect as if the references to a local authority included references to a National Park authority.
330AF107Information as to interests in Crown land
1
This section applies to an interest in Crown land which is not a private interest.
2
Section 330 does not apply to an interest to which this section applies.
3
For a purpose mentioned in section 330(1) the Secretary of State may request the appropriate authority to give him such information as to the matters mentioned in section 330(2) as he specifies in the request.
4
The appropriate authority must comply with a request under subsection (3) except to the extent—
a
that the matter is not within the knowledge of the authority, or
b
that to do so will disclose information as to any of the matters mentioned in section 321(4).
5
Expressions used in this section and in Part 13 must be construed in accordance with that Part.
C30331 Offences by corporations. C29
1
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
a
a director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against accordingly.
2
In subsection (1) “director”, in relation to any body corporate—
a
which was established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, and
b
whose affairs are managed by its members,
means a member of that body corporate.
C31332 Combined applications.
1
Regulations made under this Act may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed, of—
a
an application for planning permission in respect of any development; and
b
an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.
2
Before making any regulations under this section, the Secretary of State shall consult with such local authorities or associations of local authorities as appear to him to be concerned.
3
Different provision may be made by any such regulations in relation to areas in which different enactments are in force.
4
If an application required to be made to a local authority under an enactment specified in any such regulations is made in accordance with the provisions of the regulations, it shall be valid notwithstanding anything in that enactment prescribing, or enabling any authority to prescribe, the form in which, or the manner in which, such an application is to be made.
5
Subsection (4) shall have effect without prejudice to—
a
the validity of any application made in accordance with the enactment in question; or
b
any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates.
6
In this section “application” includes a submission.
C32P1333 Regulations and orders.
1
The Secretary of State may make regulations under this Act—
a
for prescribing the form of any notice, order or other document authorised or required by this Act to be served, made or issued by any local authority F59or National Park authority;
b
for any purpose for which regulations are authorised or required to be made under this Act (other than a purpose for which regulations are authorised or required to be made by another Minister).
2
Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.
F602A
Regulations may make different provision for different purposes.
3
Any statutory instrument containing regulations made under this Act (except regulations under section 88 F115or paragraph 15(5) or 16 of Schedule 4B and regulations which by virtue of this Act are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F1143A
No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
4
5
Any statutory instrument—
a
which contains an order under section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section; or
b
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F665A
No order may be made under section 319A(9) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
6
Without prejudice to subsection (5), where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 17) the order shall not have effect until that provision is approved by a resolution of each House of Parliament.
P2P37
Without prejudice to section 14 of the M9Interpretation Act 1978, any power conferred by any of the provisions of this Act to make an order, shall include power to vary or revoke any such order by a subsequent order.
C33334 Licensing planning areas.
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C34335 Act not excluded by special enactments.
For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers imposed or conferred by it in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of the 1947 Act, or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 & 11 Geo. 6, for authorising or regulating any development of the land.
C35336Interpretation.
C36l
In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section and to any transitional provision made by the Planning (Consequential Provisions) Act 1990—
“the 1944 Act” means the Town and Country Planning Act 1944;
“the 1947 Act” means the M10Town and Country Planning Act 1947;
“the 1954 Act” means the M11Town and Country Planning Act 1954;
“the 1959 Act” means the M12Town and Country Planning Act 1959;
“the 1962 Act” means the M13Town and Country Planning Act 1962;
“the 1968 Act” means the M14Town and Country Planning Act 1968;
“the 1971 Act” means the M15Town and Country Planning Act 1971;
“acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;
F68 “ address ”, in relation to electronic communications, means any number or address used for the purposes of such communications;
“advertisement” means any word, letter, model, sign, placard, board, notice F69awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the previous provisions of this definition) includes any hoarding or similar structure used F69or designed, or adapted for use F69and anything else principally used, or designed or adapted principally for use,, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;
“aftercare condition” has the meaning given in paragraph 2(2) of Schedule 5;
“aftercare scheme” has the meaning given in paragraph 2(3) of Schedule 5;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“the appropriate Minister” has the meaning given in section 265;
“authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected or a body (being a parish council, community council or parish meeting) on whose behalf a district council or county council F70or county borough council could be or have been so authorised;
“authority to whom Part II of the 1959 Act applies” means a body of any of the descriptions specified in Part I of Schedule 4 to the 1959 Act;
F71 “ breach of condition notice ” has the meaning given in section 187A;
F72 “ breach of planning control ” has the meaning given in section 171A
“bridleway” has the same meaning as in the M16Highways Act 1980;
“the Broads” has the same meaning as in the M17Norfolk and Suffolk Broads Act 1988;
“building” includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;
“buildings or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly F73and references to the removal of buildings or works include demolition of buildings and filling in of trenches;
F74 “ building operations ” has the meaning given by section 55
“caravan site” has the meaning given in section 1(4) of the M18Caravan Sites and Control of Development Act 1960;
“clearing”, in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation to it as may be prescribed;
“common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;
“compulsory acquisition” does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;
“conservation area” means an area designated under section 69 of the Planning M19(Listed Buildings and Conservation Areas) Act 1990;
F75 “ depositing of mineral waste ” means any process whereby a mineral-working deposit is created or enlarged and “ depositing of refuse or waste materials ” includes the depositing of mineral waste;
“development” has the meaning given in section 55, and “develop” shall be construed accordingly;
F76 “ development consent ” means development consent under the Planning Act 2008;
F77. . .
“development order” has the meaning given in section 59;
F78 “ development plan ” must be construed in accordance with section 38 of the Planning and Compulsory Purchase Act 2004;
“disposal” means disposal by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other manner, except by way of appropriation, gift or mortgage, and “dispose of” shall be construed accordingly;
F79 “ electronic communication ” has the same meaning as in the Electronic Communications Act 2000;
“enactment” includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament;
“enforcement notice” means a notice under section 172;
“engineering operations” includes the formation or laying out of means of access to highways;
“enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission in accordance with section 88;
“erection”, in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;
F80. . .
“footpath” has the same meaning as in the M20Highways Act 1980;
“fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
“functions” includes powers and duties;
“government department” includes any Minister of the Crown;
“the Greater London Development Plan” means the development plan submitted to the Minister of Housing and Local Government under section 25 of the M21London Government Act 1963 and approved by the Secretary of State under section 5 of the 1962 Act or the corresponding provision of the 1971 Act;
“highway” has the same meaning as in the M22Highways Act 1980 ;
“improvement”, in relation to a highway, has the same meaning as in the Highways Act 1980;
“joint planning board” has the meaning given in section 2;
“land” means any corporeal hereditament, including a building, and, in relation to the acquisition of land under Part IX, includes any interest in or right over land;
“lease” includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage, and “leasehold interest” means the interest of the tenant under a lease as so defined;
“local authority” (except in section 252 and subject to subsection (10) F81below and section 71(7) of the Environment Act 1995) means—
- a
F82a billing authority or a precepting authority F83(except the Receiver for the Metropolitan Police District), as defined in section 69 of the Local Government Finance Act 1992 F84or the Metropolitan Police Authority;
- aa
F85a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
- ab
F86the London Fire and Emergency Planning Authority;
- b
a levying body within the meaning of section 74 of F87the Local Government Finance Act 1988 ; and
- c
a body as regards which section 75 of that Act applies;
and includes any joint board or joint committee if all the constituent authorities are local authorities within paragraph (a), (b) or (c);
- a
“local highway authority” means a highway authority other than the Secretary of State;
“local planning authority” shall be construed in accordance with Part I;
“London borough” includes the City of London, references to the council of a London borough or the clerk to such a council being construed, in relation to the City, as references to the Common Council of the City and the town clerk of the City respectively;
“means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;
F77. . .
“mineral planning authority” has the meaning given in section F881;
“mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;
“minerals” includes all F89substances of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale;
“Minister” means any Minister of the Crown or other government department;
“mortgage” includes any charge or lien on any property for securing money or money’s worth;
F90. . .
“open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;
“operational land” has the meaning given in section 263;
“owner”, in relation to any land, means F91. . .a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;
“the planning Acts” means this Act, the M23Planning (Listed Buildings and Conservation Areas) Act 1990, the M24Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990;
F92 “ planning contravention notice ” has the meaning given in section 171C
“planning decision” means a decision made on an application under Part III F93or section 293A;
“planning permission” means permission under Part III F93or section 293A, F94. . .
“planning permission granted for a limited period” has the meaning given in section 72(2)
“prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;
F90. . .
“F95public gas transporter” has the same meaning as in Part I of the M25Gas Act 1986;
“purchase notice” has the meaning given in section 137;
F96. . .
“replacement of open space”, in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;
“restoration condition” has the meaning given in paragraph 2(2) of Schedule 5;
F97 “ restricted byway ” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;
F96. . .
“simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with sections 82 and 83;
F98 “ spatial development strategy ” shall be construed in accordance with Part VIII of the Greater London Authority Act 1999 (planning);
F96. . .
“statutory undertakers” and “statutory undertaking” have the meanings given in section 262;
“steps for the protection of the environment” has the meaning given in paragraph 5(4) of Schedule 9;
“stop notice” has the meaning given in section 183;
“suspension order” has the meaning given in paragraph 5 of Schedule 9; and
“supplementary suspension order” has the meaning given in paragraph 6 of Schedule 9;
“tenancy” has the same meaning as in the M26Landlord and Tenant Act 1954 ;
“tree preservation order” has the meaning given in section 198;
F99“universal postal service provider” means a universal service provider within the meaning of F110Part 3 of the Postal Services Act 2011; and references to the provision of a universal postal service shall be construed in accordance with F111that Part;
“urban development area” and “urban development corporation” have the same meanings as in Part XVI of the M27Local Government, Planning and Land Act 1980;
“use”, in relation to land, does not include the use of land for the carrying out of any building or other operations on it;
“Valuation Office” means the Valuation Office of the Inland Revenue Department;
“war damage” has the meaning given in the M28War Damage Act 1943.
F109“waste” includes anything that—
- a
is waste within the meaning of Article 3(1) of Directive 2008/98/ EC of the European Parliament and of the Council on waste, and
- b
is not excluded from the scope of that definition by Article 2(1), (2) or (3);
- a
F75 “ the winning and working of minerals ” includes the extraction of minerals from a mineral working deposit.
F1001A
In this Act—
a
any reference to a county (other than one to a county planning authority) shall be construed, in relation to Wales, as including a reference to a county borough;
b
any reference to a county council shall be construed, in relation to Wales, as including a reference to a county borough council; and
c
section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.
2
If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.
3
If any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.
4
Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.
F1014A
Where—
a
an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act, and
b
the communication is received by that person outside that person’s business hours,
it shall be taken to have been received on the next working day, and in this subsection, “ working day ” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
5
With respect to references in this Act to planning decisions—
a
in relation to a decision altered on appeal by the reversal or variation of the whole or part of it, such references shall be construed as references to the decision as so altered;
b
in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Secretary of State on the appeal;
c
in relation to a decision given on an appeal in the circumstances mentioned in section 78(2), such references shall be construed as references to the decision so given;
d
the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the local planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 78(2), the end of the period there mentioned.
6
Section 56 shall apply for determining for the purposes of this Act when development of land shall be taken to be initiated.
7
In relation to the sale or acquisition of an interest in land—
a
in a case where the interest is or was conveyed or assigned without a preliminary contract, references in this Act to a contract are references to the conveyance or assignment; and
b
references to the making of a contract are references to the execution of it.
8
In this Act—
a
references to a person from whom title is derived by another person include references to any predecessor in title of that other person;
b
references to a person deriving title from another person include references to any successor in title of that other person;
c
references to deriving title are references to deriving title either directly or indirectly.
9
10
In section 90, Chapter I of Part VI, and F104section 330 “local authority”, in relation to land in the Broads, includes the Broads Authority.
337 Short title, commencement and extent.
1
This Act may be cited as the Town and Country Planning Act 1990.
2
Except as provided in Part II and in Schedule 4 to the M29Planning (Consequential Provisions) Act 1990, this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.
3
This Act extends to England and Wales only.
S. 319A and preceding cross-heading inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196(1), 241 (with s. 226); S.I. 2009/400, art. 3 (with art. 6(2))