Planning and Compensation Act 1991

Introductory

171A Expressions used in connection with enforcement.

1

For the purposes of this Act—

a

carrying out development without the required planning permission; or

b

failing to comply with any condition or limitation subject to which planning permission has been granted,

constitutes a breach of planning control.

2

For the purposes of this Act—

a

the issue of an enforcement notice (defined in section 172); or

b

the service of a breach of condition notice (defined in section 187A),

constitutes taking enforcement action.

3

In this Part “planning permission” includes permission under Part III of the 1947 Act, of the 1962 Act or of the 1971 Act.

171B Time limits.

1

Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

2

Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.

3

In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.

4

The preceding subsections do not prevent—

a

the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect; or

b

taking further enforcement action in respect of any breach of planning control if, during the period of four years ending with that action being taken, the local planning authority have taken or purported to take enforcement action in respect of that breach.

172 Issue of enforcement notice.

1

The local planning authority may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to them—

a

that there has been a breach of planning control; and

b

that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.

2

A copy of an enforcement notice shall be served—

a

on the owner and on the occupier of the land to which it relates; and

b

on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice.

3

The service of the notice shall take place—

a

not more than twenty-eight days after its date of issue; and

b

not less than twenty-eight days before the date specified in it as the date on which it is to take effect.

173 Contents and effect of notice.

1

An enforcement notice shall state—

a

the matters which appear to the local planning authority to constitute the breach of planning control; and

b

the paragraph of section 171A(1) within which, in the opinion of the authority, the breach falls.

2

A notice complies with subsection (1)(a) if it enables any person on whom a copy of it is served to know what those matters are.

3

An enforcement notice shall specify the steps which the authority require to be taken, or the activities which the authority require to cease, in order to achieve, wholly or partly, any of the following purposes.

4

Those purposes are—

a

remedying the breach by making any development comply with the terms (including conditions and limitations) of any planning permission which has been granted in respect of the land, by discontinuing any use of the land or by restoring the land to its condition before the breach took place; or

b

remedying any injury to amenity which has been caused by the breach.

5

An enforcement notice may, for example, require—

a

the alteration or removal of any buildings or works;

b

the carrying out of any building or other operations;

c

any activity on the land not to be carried on except to the extent specified in the notice; or

d

the contour of a deposit of refuse or waste materials on land to be modified by altering the gradient or gradients of its sides.

6

Where an enforcement notice is issued in respect of a breach of planning control consisting of demolition of a building, the notice may require the construction of a building (in this section referred to as a “replacement building”) which, subject to subsection (7), is as similar as possible to the demolished building.

7

A replacement building—

a

must comply with any requirement imposed by any enactment applicable to the construction of buildings;

b

may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control;

c

must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b)).

8

An enforcement notice shall specify the date on which it is to take effect and, subject to sections 175(4) and 289(4A), shall take effect on that date.

9

An enforcement notice shall specify the period at the end of which any steps are required to have been taken or any activities are required to have ceased and may specify different periods for different steps or activities; and, where different periods apply to different steps or activities, references in this Part to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period at the end of which the step is required to have been taken or the activity is required to have ceased.

10

An enforcement notice shall specify such additional matters as may be prescribed, and regulations may require every copy of an enforcement notice served under section 172 to be accompanied by an explanatory note giving prescribed information as to the right of appeal under section 174.

11

Where—

a

an enforcement notice in respect of any breach of planning control could have required any buildings or works to be removed or any activity to cease, but does not do so; and

b

all the requirements of the notice have been complied with,

then, so far as the notice did not so require, planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities.

12

Where—

a

an enforcement notice requires the construction of a replacement building; and

b

all the requirements of the notice with respect to that construction have been complied with,

planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of that construction.

173A Variation and withdrawal of enforcement notices.

1

The local planning authority may—

a

withdraw an enforcement notice issued by them; or

b

waive or relax any requirement of such a notice and, in particular, may extend any period specified in accordance with section 173(9).

2

The powers conferred by subsection (1) may be exercised whether or not the notice has taken effect.

3

The local planning authority shall, immediately after exercising the powers conferred by subsection (1), give notice of the exercise to every person who has been served with a copy of the enforcement notice or would, if the notice were re-issued, be served with a copy of it.

4

The withdrawal of an enforcement notice does not affect the power of the local planning authority to issue a further enforcement notice.

2

An appeal may be brought on any of the following grounds—

a

that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;

b

that those matters have not occurred;

c

that those matters (if they occurred) do not constitute a breach of planning control;

d

that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;

e

that copies of the enforcement notice were not served as required by section 172;

f

that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;

g

that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed.

3

An appeal under this section shall be made either—

a

by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect; or

b

by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.

5A

Where—

a

the statement under subsection (4) of section 174 specifies the ground mentioned in subsection (2)(a) of that section;

b

any fee is payable under regulations made by virtue of section 303 in respect of the application deemed to be made by virtue of the appeal; and

c

the Secretary of State gives notice in writing to the appellant specifying the period within which the fee must be paid,

then, if that fee is not paid within that period, the appeal, so far as brought on that ground, and the application shall lapse at the end of that period.

4A

In proceedings brought by virtue of this section in respect of an enforcement notice, the High Court or, as the case may be, the Court of Appeal may, on such terms if any as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

4B

Where proceedings are brought by virtue of this section in respect of any notice under section 207, the notice shall be of no effect pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

5A

Rules of court may also provide for the High Court or, as the case may be, the Court of Appeal to give directions as to the exercise, until such proceedings in respect of an enforcement notice are finally concluded and any re-hearing and determination by the Secretary of State has taken place, of any other powers in respect of the matters to which such a notice relates.

6

No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.

a

of fees of prescribed amounts to him and to the local planning authority in respect of any application for planning permission deemed to be made under section 177(5); and

b

of a fee of the prescribed amount to him in respect of any other

1

Where any steps required by an enforcement notice to be taken are not taken within the period for compliance with the notice, the local planning authority may—

a

enter the land and take the steps; and

b

recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

6

Any person who wilfully obstructs a person acting in the exercise of powers 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.

1

Where the local planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.

2

In this section and sections 184 and 186 “relevant activity” means any activity specified in the enforcement notice as an activity which the local planning authority require to cease and any activity carried out as part of that activity or associated with that activity.

3

A stop notice may not be served where the enforcement notice has taken effect.

4

A stop notice shall not prohibit the use of any building as a dwellinghouse.

5

A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.

5A

Subsection (5) does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.

3

That date—

a

must not be earlier than three days after the date when the notice is served, unless the local planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and

b

must not be later than twenty-eight days from the date when the notice is first served on any person.

5

No compensation is payable under this section—

a

in respect of the prohibition in a stop notice of any activity which, at any time when the notice is in force, constitutes or contributes to a breach of planning control; or

b

in the case of a claimant who was required to provide information under section 171C or 330 or section 16 of the M2Local Government (Miscellaneous Provisions) Act 1976, in respect of any loss or damage suffered by him which could have been avoided if he had provided the information or had otherwise co-operated with the local planning authority when responding to the notice.

1

If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.

1A

An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

1B

References in this section to contravening a stop notice include causing or permitting its contravention.

2

A person guilty of an offence under this section shall be liable—

a

on summary conviction, to a fine not exceeding £20,000; and

b

on conviction on indictment, to a fine.

2A

In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

Certificate of lawful use or development

191 Certificate of lawfulness of existing use or development.

1

If any person wishes to ascertain whether—

a

any existing use of buildings or other land is lawful;

b

any operations which have been carried out in, on, over or under land are lawful; or

c

any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful,

he may make an application for the purpose to the local planning authority specifying the land and describing the use, operations or other matter.

2

For the purposes of this Act uses and operations are lawful at any time if—

a

no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and

b

they do not constitute a contravention of any of the requirements of any enforcement notice then in force.

3

For the purposes of this Act any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful at any time if—

a

the time for taking enforcement action in respect of the failure has then expired; and

b

it does not constitute a contravention of any of the requirements of any enforcement notice or breach of condition notice then in force.

4

If, on an application under this section, the local planning authority are provided with information satisfying them of the lawfulness at the time of the application of the use, operations or other matter described in the application, or that description as modified by the local planning authority or a description substituted by them, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

5

A certificate under this section shall—

a

specify the land to which it relates;

b

describe the use, operations or other matter in question (in the case of any use falling within one of the classes specified in an order under section 55(2)(f), identifying it by reference to that class);

c

give the reasons for determining the use, operations or other matter to be lawful; and

d

specify the date of the application for the certificate.

6

The lawfulness of any use, operations or other matter for which a certificate is in force under this section shall be conclusively presumed.

7

A certificate under this section in respect of any use shall also have effect, for the purposes of the following enactments, as if it were a grant of planning permission—

a

section 3(3) of the M3Caravan Sites and Control of Development Act 1960;

b

section 5(2) of the M4Control of Pollution Act 1974; and

c

section 36(2)(a) of the M5Environmental Protection Act 1990.

192 Certificate of lawfulness of proposed use or development.

1

If any person wishes to ascertain whether—

a

any proposed use of buildings or other land; or

b

any operations proposed to be carried out in, on, over or under land,

would be lawful, he may make an application for the purpose to the local planning authority specifying the land and describing the use or operations in question.

2

If, on an application under this section, the local planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

3

A certificate under this section shall—

a

specify the land to which it relates;

b

describe the use or operations in question (in the case of any use falling within one of the classes specified in an order under section 55(2)(f), identifying it by reference to that class);

c

give the reasons for determining the use or operations to be lawful; and

d

specify the date of the application for the certificate.

4

The lawfulness of any use or operations for which a certificate is in force under this section shall be conclusively presumed unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.

193 Certificates under sections 191 and 192: supplementary provisions.

1

An application for a certificate under section 191 or 192 shall be made in such manner as may be prescribed by a development order and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given under such an order or by the local planning authority.

2

Provision may be made by a development order for regulating the manner in which applications for certificates under those sections are to be dealt with by local planning authorities.

3

In particular, such an order may provide for requiring the authority—

a

to give to any applicant within such time as may be prescribed by the order such notice as may be so prescribed as to the manner in which his application has been dealt with; and

b

to give to the Secretary of State and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.

4

A certificate under either of those sections may be issued—

a

for the whole or part of the land specified in the application; and

b

where the application specifies two or more uses, operations or other matters, for all of them or some one or more of them;

and shall be in such form as may be prescribed by a development order.

5

A certificate under section 191 or 192 shall not affect any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted unless that matter is described in the certificate.

6

In section 69 references to applications for planning permission shall include references to applications for certificates under section 191 or 192.

7

A local planning authority may revoke a certificate under either of those sections if, on the application for the certificate—

a

a statement was made or document used which was false in a material particular; or

b

any material information was withheld.

8

Provision may be made by a development order for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.

194 Offences.

1

If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for the issue of a certificate under section 191 or 192—

a

knowingly or recklessly makes a statement which is false or misleading in a material particular;

b

with intent to deceive, uses any document which is false or misleading in a material particular; or

c

with intent to deceive, withholds any material information,

he shall be guilty of an offence.

2

A person guilty of an offence under subsection (1) shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum; or

b

on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.

3

Notwithstanding section 127 of the M6Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under subsection (1) whenever laid.

Rights of entry for enforcement purposes

196A Rights to enter without warrant.

1

Any person duly authorised in writing by a local planning authority may at any reasonable hour enter any land—

a

to ascertain whether there is or has been any breach of planning control on the land or any other land;

b

to determine whether any of the powers conferred on a local planning authority by this Part should be exercised in relation to the land or any other land;

c

to determine how any such power should be exercised in relation to the land or any other land;

d

to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to the land or any other land,

if there are reasonable grounds for entering for the purpose in question.

2

Any person duly authorised in writing by the Secretary of State may at any reasonable hour enter any land to determine whether an enforcement notice should be issued in relation to the land or any other land, if there are reasonable grounds for entering for that purpose.

3

The Secretary of State shall not so authorise any person without consulting the local planning authority.

4

Admission to any building used as a dwellinghouse shall not be demanded as of right by virtue of subsection (1) or (2) unless twenty-four hours’ notice of the intended entry has been given to the occupier of the building.

196B Right to enter under warrant.

1

If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

a

that there are reasonable grounds for entering any land for any of the purposes mentioned in section 196A(1) or (2); and

b

that—

i

admission to the land has been refused, or a refusal is reasonably apprehended; or

ii

the case is one of urgency,

the justice may issue a warrant authorising any person duly authorised in writing by a local planning authority or, as the case may be, the Secretary of State to enter the land.

2

For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

3

A warrant authorises entry on one occasion only and that entry must be—

a

within one month from the date of the issue of the warrant; and

b

at a reasonable hour, unless the case is one of urgency.

196C Rights of entry: supplementary provisions.

1

A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 196A or 196B (referred to in this section as “a right of entry”)—

a

shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

b

may take with him such other persons as may be necessary; and

c

on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

2

Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

3

If any damage is caused to land or chattels in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.

4

The provisions of section 118 shall apply in relation to compensation under subsection (3) as they apply in relation to compensation under Part IV.

5

If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

6

Subsection (5) 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 land.

7

A person who is guilty of an offence under subsection (5) 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.

8

In sections 196A and 196B and this section 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.

106 Planning obligations.

1

Any person interested in land in the area of a local planning authority may, by agreement or otherwise, enter into an obligation (referred to in this section and sections 106A and 106B as “a planning obligation”), enforceable to the extent mentioned in subsection (3)—

a

restricting the development or use of the land in any specified way;

b

requiring specified operations or activities to be carried out in, on, under or over the land;

c

requiring the land to be used in any specified way; or

d

requiring a sum or sums to be paid to the authority on a specified date or dates or periodically.

2

A planning obligation may—

a

be unconditional or subject to conditions;

b

impose any restriction or requirement mentioned in subsection (1)(a) to (c) either indefinitely or for such period or periods as may be specified; and

c

if it requires a sum or sums to be paid, require the payment of a specified amount or an amount determined in accordance with the instrument by which the obligation is entered into and, if it requires the payment of periodical sums, require them to be paid indefinitely or for a specified period.

3

Subject to subsection (4) a planning obligation is enforceable by the authority identified in accordance with subsection (9)(d)—

a

against the person entering into the obligation; and

b

against any person deriving title from that person.

4

The instrument by which a planning obligation is entered into may provide that a person shall not be bound by the obligation in respect of any period during which he no longer has an interest in the land.

5

A restriction or requirement imposed under a planning obligation is enforceable by injunction.

6

Without prejudice to subsection (5), if there is a breach of a requirement in a planning obligation to carry out any operations in, on, under or over the land to which the obligation relates, the authority by whom the obligation is enforceable may—

a

enter the land and carry out the operations; and

b

recover from the person or persons against whom the obligation is enforceable any expenses reasonably incurred by them in doing so.

7

Before an authority exercise their power under subsection (6)(a) they shall give not less than twenty-one days’ notice of their intention to do so to any person against whom the planning obligation is enforceable.

8

Any person who wilfully obstructs a person acting in the exercise of a power under subsection (6)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

9

A planning obligation may not be entered into except by an instrument executed as a deed which—

a

states that the obligation is a planning obligation for the purposes of this section;

b

identifies the land in which the person entering into the obligation is interested;

c

identifies the person entering into the obligation and states what his interest in the land is; and

d

identifies the local planning authority by whom the obligation is enforceable.

10

A copy of any such instrument shall be given to the authority so identified.

11

A planning obligation shall be a local land charge and for the purposes of the M7Local Land Charges Act 1975 the authority by whom the obligation is enforceable shall be treated as the originating authority as respects such a charge.

12

Regulations may provide for the charging on the land of—

a

any sum or sums required to be paid under a planning obligation; and

b

any expenses recoverable by a local planning authority under subsection (6)(b),

and this section and sections 106A and 106B shall have effect subject to any such regulations.

13

In this section “specified” means specified in the instrument by which the planning obligation is entered into and in this section and section 106A “land” has the same meaning as in the M8Local Land Charges Act 1975.

106A Modification and discharge of planning obligations.

1

A planning obligation may not be modified or discharged except—

a

by agreement between the authority by whom the obligation is enforceable and the person or persons against whom the obligation is enforceable; or

b

in accordance with this section and section 106B.

2

An agreement falling within subsection (1)(a) shall not be entered into except by an instrument executed as a deed.

3

A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to the local planning authority by whom the obligation is enforceable for the obligation—

a

to have effect subject to such modifications as may be specified in the application; or

b

to be discharged.

4

In subsection (3) “the relevant period” means—

a

such period as may be prescribed; or

b

if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into.

5

An application under subsection (3) for the modification of a planning obligation may not specify a modification imposing an obligation on any other person against whom the obligation is enforceable.

6

Where an application is made to an authority under subsection (3), the authority may determine—

a

that the planning obligation shall continue to have effect without modification;

b

if the obligation no longer serves a useful purpose, that it shall be discharged; or

c

if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.

7

The authority shall give notice of their determination to the applicant within such period as may be prescribed.

8

Where an authority determine that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.

9

Regulations may make provision with respect to—

a

the form and content of applications under subsection (3);

b

the publication of notices of such applications;

c

the procedures for considering any representations made with respect to such applications; and

d

the notices to be given to applicants of determinations under subsection (6).

10

Section 84 of the M9Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.

106B Appeals.

1

Where a local planning authority—

a

fail to give notice as mentioned in section 106A(7); or

b

determine that a planning obligation shall continue to have effect without modification,

the applicant may appeal to the Secretary of State.

2

For the purposes of an appeal under subsection (1)(a), it shall be assumed that the authority have determined that the planning obligation shall continue to have effect without modification.

3

An appeal under this section shall be made by notice served within such period and in such manner as may be prescribed.

4

Subsections (6) to (9) of section 106A apply in relation to appeals to the Secretary of State under this section as they apply in relation to applications to authorities under that section.

5

Before determining the appeal the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

6

The determination of an appeal by the Secretary of State under this section shall be final.

7

Schedule 6 applies to appeals under this section.

aa

in relation to land which for the time being is Crown land—

i

a planning obligation shall not be enforced by injunction; and

ii

the power to enter land conferred by section 106(6) shall not be exercised;

299A Crown planning obligations.

1

The appropriate authority in relation to any Crown interest or Duchy interest in land in the area of a local planning authority may enter into an obligation falling within any of paragraphs (a) to (d) of section 106(1) (in this section referred to as a “planning obligation”) enforceable to the extent mentioned in subsection (3).

2

A planning obligation may not be entered into except by an instrument executed as a deed which—

a

states that the obligation is a planning obligation for the purposes of this section;

b

identifies the land in relation to which the obligation is entered into;

c

identifies the appropriate authority who are entering into the obligation and states what the Crown or Duchy interest in the land is; and

d

identifies the local planning authority by whom the obligation is enforceable.

3

A planning obligation entered into under this section is enforceable—

a

against any person with a private interest deriving from the Crown or Duchy interest stated in accordance with subsection (2)(c);

b

by the authority identified in accordance with subsection (2)(d).

4

Subject to subsection (5), subsections (2), (4) to (8) and (10) to (13) of section 106 and sections 106A and 106B apply to a planning obligation entered into under this section as they apply to a planning obligation entered into under that section.

5

The consent of the appropriate authority must be obtained to—

a

the enforcement by injunction of a planning obligation against a person in respect of land which is Crown land; and

b

the exercise, in relation to Crown land, of the power to enter land conferred by section 106(6) (as applied by subsection (4)).

1A

For the purposes of this Act “building operations” includes—

a

demolition of buildings;

b

rebuilding;

c

structural alterations of or additions to buildings; and

d

other operations normally undertaken by a person carrying on business as a builder.

g

the demolition of any description of building specified in a direction given by the Secretary of State to local planning authorities generally or to a particular local planning authority.

4

Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.

4A

Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection—

• “fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean and mollusc);

• “inland waters” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and

• “tank” includes any cage and any other structure for use in fish farming.

65 Notice etc. of applications for planning permission.

1

A development order may make provision requiring—

a

notice to be given of any application for planning permission, and

b

any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

2

Provision shall be made by a development order for the purpose of securing that, in the case of any application for planning permission, any person (other than the applicant) who on such date as may be prescribed by the order is an owner of the land to which the application relates, or a tenant of any agricultural holding any part of which is comprised in that land, is given notice of the application in such manner as may be required by the order.

3

A development order may require an applicant for planning permission to certify, in such form as may be prescribed by the order, or to provide evidence, that any requirements of the order have been satisfied.

4

A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

5

A local planning authority shall not entertain an application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

6

If any person—

a

issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular; or

b

recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

7

A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

8

In this section—

• “agricultural holding” has the same meaning as in the M11Agricultural Holdings Act 1986; and

• “owner” in relation to any land means any person who—

  1. a

     is the estate owner in respect of the fee simple;

  2. b

     is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired; or

  3. c

     in the case of such applications as may be prescribed by a development order, is entitled to an interest in any mineral so prescribed,

and the reference to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.

9

Notwithstanding section 127 of the M12Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.

1

A development order may provide that a local planning authority shall not determine an application for planning permission before the end of such period as may be prescribed.

2

A development order may require a local planning authority—

a

to take into account in determining such an application such representations, made within such period, as may be prescribed; and

b

to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.

2A

A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

70A Power of local planning authority to decline to determine applications.

1

A local planning authority may decline to determine an application for planning permission for the development of any land if—

a

within the period of two years ending with the date on which the application is received, the Secretary of State has refused a similar application referred to him under section 77 or has dismissed an appeal against the refusal of a similar application; and

b

in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.

2

For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the local planning authority the same or substantially the same.

3

The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 78(2) in respect of an application.

aa

given notice to the applicant that they have exercised their power under section 70A to decline to determine the application;

1A

Provision may be made by a development order—

a

for determining the persons to whom applications under this Act are to be sent; and

b

for requiring persons to whom such applications are sent to send copies to other interested persons.

3

A notice under subsection (1) shall specify a period at the end of which it is to take effect.

4

The specified period shall be a period of not less than twenty-eight days beginning with the date of service of the notice.

aa

that in all the circumstances of the case the duty imposed by section 206(1) should be dispensed with in relation to any tree;

2

An appeal under subsection (1) shall be made either—

a

by giving written notice of the appeal to the Secretary of State before the end of the period specified in accordance with section 207(3); or

b

by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before the end of that period.

7

On such an appeal the Secretary of State may—

a

correct any defect, error or misdescription in the notice; or

b

vary any of its requirements,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

8

Where the Secretary of State determines to allow the appeal, he may quash the notice.

8A

The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

6

Any person who wilfully obstructs a person acting in the exercise of the power under subsection (1)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Injunctions

214A Injunctions.

1

Where a local planning authority consider it necessary or expedient for an actual or apprehended offence under section 210 or 211 to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Chapter.

2

Subsections (2) to (4) of section 187B apply to an application under this section as they apply to an application under that section.

Rights of entry

214B Rights to enter without warrant.

1

Any person duly authorised in writing by a local planning authority may enter any land for the purpose of—

a

surveying it in connection with making or confirming a tree preservation order with respect to the land;

b

ascertaining whether an offence under section 210 or 211 has been committed on the land; or

c

determining whether a notice under section 207 should be served on the owner of the land,

if there are reasonable grounds for entering for the purpose in question.

2

Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land, if there are reasonable grounds for entering for that purpose.

3

Any person who is duly authorised in writing by a local planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under this Chapter.

4

Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the local planning authority under this Chapter (other than section 204).

5

Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under this Chapter.

6

The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the local planning authority.

7

Admission shall not be demanded as of right—

a

by virtue of subsection (1) or (2) to any building used as a dwellinghouse; or

b

by virtue of subsection (3), (4) or (5) to any land which is occupied,

unless twenty-four hours’ notice of the intended entry has been given to the occupier.

8

Any right to enter by virtue of this section shall be exercised at a reasonable hour.

214C Right to enter under warrant.

1

If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

a

that there are reasonable grounds for entering any land for any of the purposes mentioned in section 214B(1) or (2); and

b

that—

i

admission to the land has been refused, or a refusal is reasonably apprehended; or

ii

the case is one of urgency,

the justice may issue a warrant authorising any person duly authorised in writing by a local planning authority or, as the case may be, the Secretary of State to enter the land.

2

For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

3

A warrant authorises entry on one occasion only and that entry must be—

a

within one month from the date of the issue of the warrant; and

b

at a reasonable hour, unless the case is one of urgency.

214D Rights of entry: supplementary provisions.

1

Any power conferred under or by virtue of section 214B or 214C to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil.

2

A person authorised to enter land in the exercise of a right of entry—

a

shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

b

may take with him such other persons as may be necessary; and

c

on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

3

Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4

If any damage is caused to land or chattels in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.

5

The provisions of section 118 shall apply in relation to compensation under subsection (4) as they apply in relation to compensation under Part IV.

2A

In relation to England, the Commission may—

a

prosecute any offence under Part I of the M16Ancient Monuments and Archaeological Areas Act 1979 or under the M17Planning (Listed Buildings and Conservation Areas) Act 1990, or

b

institute in their own name proceedings for an injunction to restrain any contravention of any provision of that Part or of that Act of 1990.

3

In the application of section 330 by virtue of this section, references to a local authority include the Commission.

322A Orders 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 M18Local 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.

2A

Where the responsible authority—

a

propose to carry out works on blighted land for the construction or alteration of any public works, and

b

are, in relation to the land, the appropriate authority,

they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the vendor is a qualifying interest.

2B

In this section—

• “qualifying interest” has the meaning given in section 149(2) of the M22Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and

• “appropriate authority” and “blighted land” have the meanings given respectively in sections 169(1) and 149(1) of that Act.

2A

Where the highway authority propose to carry out works on blighted land for the construction or improvement of a highway, they may acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the highway if the interest of the vendor is a qualifying interest.

2B

In this section—

• “qualifying interest” has the meaning given in section 149(2) of the Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and

• “blighted land” has the meaning given in section 149(1) of that Act.

4A

Where, at any time after an advance payment has been made on the basis of the acquiring authority’s estimate of the compensation, it appears to the acquiring authority that their estimate was too low, they shall, if a request in that behalf is made in accordance with subsection (2) above, pay to the claimant the balance of the amount of the advance payment calculated as at that time.

5

Where the amount, or aggregate amount, of any payment under this section made on the basis of the acquiring authority’s estimate of the compensation exceeds the compensation as finally determined or agreed, the excess shall be repaid; and if after any payment under this section has been made to any person it is discovered that he was not entitled to it, the amount of the payment shall be recoverable by the acquiring authority.

52A Right to interest where advance payment made.

1

This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under section 11(1) of the M25Compulsory Purchase Act 1965 or any bond under Schedule 3 to that Act or section 85 of the M26Lands Clauses Consolidation Act 1845.

2

If the authority make a payment under section 52(1) above to any person on account of the compensation—

a

they shall at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount by reference to which the payment under section 52(1) above was calculated; and

b

the difference between the amount of the payment under section 52(1) above and the amount by reference to which it was calculated is an unpaid balance for the purposes of this section.

3

If the authority make a payment under section 52(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on—

a

the amount by reference to which the payment under section 52(4A) above was calculated; less

b

the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated.

4

Where the authority make a payment under section 52(4A) above on account of the compensation, the difference between—

a

the amount of the payment; and

b

the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated,

is an unpaid balance for the purposes of this section.

5

If, on an anniversary of the date on which the authority made a payment to any person under section 52(1) above on account of the compensation—

a

the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,

b

the aggregate amount of the accrued interest on any unpaid balances,

exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.

6

The acquiring authority shall, on paying the outstanding compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances.

7

For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with—

a

the making of the payment under section 52(1) or, as the case may be, 52(4A) above; or

b

if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.

8

For the purposes of this section—

a

interest accrues at the rate prescribed under section 32 of the M27Land Compensation Act 1961 or, in the case of a bond under section 85 of the M28Lands Clauses Consolidation Act 1845, at the rate specified in section 85; and

b

the amount by reference to which a payment under section 52(1) or (4A) was calculated is the amount referred to in section 52(3)(a) or (b) for the purposes of that calculation.

9

Where any payment has been made under section 52(1) above on account of any compensation, the acquiring authority is not required to pay interest under section 11(1) of the M29Compulsory Purchase Act 1965 or any bond under Schedule 3 to that Act or under section 85 of the Lands Clauses Consolidation Act 1845.

10

Where the amount, or aggregate amount, of any payment under section 52 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid.

11

If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority.

12

The Secretary of State may from time to time by order substitute another sum for the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

1

Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may, subject to subsection (2) of this section, apply to the local planning authority for a certificate under this section.

a

that planning permission would have been granted for development of one or more classes specified in the certificate (whether specified in the application or not) and for any development for which the land is to be acquired, but would not have been granted for any other development; or

b

that planning permission would have been granted for any development for which the land is to be acquired, but would not have been granted for any other development,

and for the purposes of this subsection development is development for which the land is to be acquired if the land is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for that development.

9A

In assessing the compensation payable to any person in respect of any compulsory acquisition, there shall be taken into account any expenses reasonably incurred by him in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 18 of this Act where any of the issues on the appeal are determined in his favour).

2

A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement—

a

he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and

b

he has been in such occupation by virtue of an interest or right to which this section applies,

but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 32 and 33 below as a “discretionary payment”) may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.

30 Amount of home loss payment in England and Wales.

1

In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 29 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500.

2

In any other case, the amount of the home loss payment shall be £1,500.

3

For the purposes of this section and section 32 below the market value of an interest in a dwelling—

a

in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest; and

b

in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest,

and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Lands Tribunal.

4

In determining for the purposes of this section and section 32 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling.

5

The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above.

6

The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7

In this section “owner’s interest” means the interest of a person who is an owner as defined in section 7 of the M36Acquisition of Land Act 1981.

1

No home loss payment or discretionary payment shall be made except on a claim in writing made by the claimant giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount.

2

Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates—

a

the date of displacement;

b

the last day of the period of three months beginning with the making of the claim; and

c

where the amount of the payment is to be determined in accordance with section 30(1) above, the day on which the market value of the interest in question is agreed or finally determined.

2A

Where the amount of the payment is to be determined in accordance with section 30(1) above—

a

the acquiring authority may at any time make a payment in advance; and

b

if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so).

2B

The amount of the payment in advance shall be the lesser of—

a

the maximum amount for the purposes of section 30(1) above,

b

10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount.

2C

Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined.

3

Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which—

a

he has resided in the dwelling as his only or main residence but without satisfying those conditions, and

b

another person or other persons have satisfied those conditions,

and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it.

3A

Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 29(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 29(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).