http://www.legislation.gov.uk/id/ukpga/1991/34

SCHEDULES

SCHEDULE 1 Mines and Waste

Section 21.

I11

The principal Act is amended as follows.

I22

In section 72(5) (conditional grant of planning permission) after “the winning and working of minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.

I33

In section 91(4) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (d) there is substituted—

d
to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—
i
the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or
ii
the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;

I44

In section 97 (power to revoke or modify planning permission) in subsection (5) the words from “and Part II of Schedule 5” to the end are omitted and after that subsection there is inserted—

6
Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions that may be imposed by an order under this section which revokes or modifies permission for development—
a
consisting of the winning and working of minerals; or
b
involving the depositing of refuse or waste materials.

I55

In section 100 (revocation and modification of planning permission by the Secretary of State) for subsection (8) there is substituted—

8
Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that.

In section 102(8) (discontinuance orders, etc.) for “consisting in the winning and working of minerals” there is substituted “ consisting of the winning and working of minerals or involving the depositing of refuse or waste materials ”.

I77

For section 105 (duty of mineral planning authorities to review mineral workings) there is substituted—

105 Reviews by mineral planning authorities.
1
Every mineral planning authority shall undertake periodic reviews about the winning and working of minerals and the depositing of mineral waste in their area.
2
Subject to regulations made by virtue of subsection (4), the duty under this section is, at such intervals as they think fit—
a
to review every mining site in their area; and
b
to consider whether they should make an order under section 97 or under paragraph 1, 3, 5 or 6 of Schedule 9, and if they do consider that they should make any such order, to make it.
3
For the purposes of subsection (2) “a mining site” means a site which—
a
is being used for the winning and working of minerals or the depositing of mineral waste;
b
has been so used at any time during—
i
the period of five years preceding the date of the beginning of the review; or
ii
such other period preceding that date as may be prescribed; or
c
is authorised to be so used.
4
If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.

I88

In section 107 (compensation where planning permission revoked or modified) in subsection (5) for “1(2)” there is substituted “ 1(3) ”.

I99

For section 116 (special basis for compensation in respect of certain orders affecting mineral working) there is substituted—

116 Modification of compensation provisions in respect of mineral working etc.
1
Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under—
a
section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or
b
paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing,
sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.
2
Any such regulations may make provision—
a
as to circumstances in which compensation is not to be payable;
b
for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;
c
for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,
and may also make different provision for different cases and incidental or supplementary provision.
3
No such regulations shall be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.
4
Before making any such regulations the Secretary of State shall consult such persons as appear to him to be representative—
a
of persons carrying out mining operations;
b
of owners of interests in land containing minerals; and
c
of mineral planning authorities.

I1010

In section 117(2) (general provisions as to compensation for depreciation under Part IV) for “under paragraph 1 of Schedule 11” there is substituted “ by virtue of section 116 ”.

I1111

In sections 189(1)(b) (penalties for contravention of orders under s.102 and Schedule 9) and 315(1) (power to modify Act in relation to minerals) after “minerals” there is inserted “ or involving the depositing of mineral waste ”.

I1212

In section 336(1) (interpretation)—

a

after the definition of “conservation area” there is inserted—

“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;

b

the definitions of “development consisting of the winning and working of minerals” and “mineral compensation modifications” are omitted;

c

in the definition of “minerals” for “minerals and substances in or under land” there is substituted “ substances ”;

d

the definitions of “relevant order”, “restriction on the winning and working of minerals” and “special consultations” are omitted; and

e

at the end there is inserted—

“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.

I1313

In Schedule 1 (local planning authorities: distribution of functions), in paragraph 1—

a

in sub-paragraph (1)(d) for “disposal” there is substituted “ depositing ”; and

b

sub-paragraph (2) is omitted.

I1414

1

In Schedule 5, in paragraph 1(1) for “consisting of the winning and working of minerals” there is substituted

—
a
consisting of the winning and working of minerals; or
b
involving the depositing of mineral waste,

2

In sub-paragraphs (2), (3) and (5) of that paragraph for “development”, in each place where it occurs, there is substituted “ winning and working of minerals or the depositing of mineral waste ”.

3

In sub-paragraph (6) of that paragraph “consisting of the winning and working of minerals” is omitted.

4

In paragraph 2(1) of that Schedule—

a

in paragraph (a) after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”; and

b

in paragraph (b) for “operations for the winning and working of minerals have been completed” there is substituted “ the winning and working is completed or the depositing has ceased ”.

5

In paragraph 6 of that Schedule for the words from “carried out” to “under the land” there is substituted “ won and worked minerals or deposited refuse or waste materials ”.

6

In paragraph 7 of that Schedule after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.

7

At the end of that Schedule there is inserted—

Interpretation
9
In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.

I1515

1

In Schedule 9, in paragraph 1(1) for paragraph (a) there is substituted—

a
that any use of land for—
i
development consisting of the winning and working of minerals; or
ii
the depositing of refuse or waste materials,
should be discontinued or that any conditions should be imposed on the continuance of the winning and working or the depositing;

2

For paragraph (c) of that sub-paragraph there is substituted—

c
that any plant or machinery used for the winning and working or the depositing should be altered or removed,

3

For sub-paragraphs (2) and (3) of that paragraph there is substituted—

2
An order under this paragraph may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—
a
required by paragraph 1 of Schedule 5; or
b
specified in the order.
3
Subsections (3) to (5) and (7) of section 102 and section 103 apply to orders under this paragraph as they apply to orders under section 102, but as if—
a
references to the local planning authority were references to the mineral planning authority; and
b
the reference in section 103(2)(a) to subsection (2) of section 102 were a reference to sub-paragraph (2).

4

In paragraph 2 of that Schedule for sub-paragraph (1) there is substituted—

1
An order under paragraph 1 may impose a restoration condition

5

In sub-paragraph (4)(b) of that paragraph for the words from “before” to “under it” there is substituted “ before the development began ”.

6

For paragraph 3(1) to (3) of that Schedule there is substituted—

1
Where it appears to the mineral planning authority—
a
that development of land—
i
consisting of the winning and working of minerals; or
ii
involving the depositing of mineral waste,
has occurred; but
b
the winning and working or depositing has permanently ceased,
the mineral planning authority may by order—
i
prohibit the resumption of the winning and working or the depositing; and
ii
impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).
2
The mineral planning authority may assume that the winning and working or the depositing has permanently ceased only when—
a
no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and
b
it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.
3
The requirements mentioned in sub-paragraph (1) are—
a
a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;
b
a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;
c
a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and
d
a restoration condition.

7

At the end of paragraph 4(8) of that Schedule there is inserted “ or involving the depositing of mineral waste ”.

8

For paragraph 5(1) of that Schedule there is substituted—

1
Where it appears to the mineral planning authority—
a
that development of land—
i
consisting of the winning and working of minerals; or
ii
involving the depositing of mineral waste,
has occurred; but
b
the winning and working or depositing has been temporarily suspended,
the mineral planning authority may by order require that steps be taken for the protection of the environment.

9

For sub-paragraphs (3) and (4) there is substituted—

3
The mineral planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—
a
no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least twelve months; but
b
it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.
4
In this Act “steps for the protection of the environment” means steps for the purpose—
a
of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended;
b
of protecting that area from damage during that period; or
c
of preventing any deterioration in the condition of the land during that period.

10

In paragraph 10(1) of that Schedule for “in, on or under the land” there is substituted “ or involving the depositing of mineral waste at the site ”.

11

In sub-paragraph (3) of that paragraph for “development consisting of the winning and working of minerals” there is substituted “ the development ”.

12

For sub-paragraph (4) of that paragraph there is substituted—

4
The mineral planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.

13

For sub-paragraph (8) there is substituted—

8
If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.

14

At the end of that Schedule there is inserted—

Interpretation
12
In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.

I1616

1

Schedule 11 (compensation in respect of certain orders affecting mineral working) is omitted.

2

Without prejudice to section 17(2)(b) of the M1Interpretation Act 1978, any regulations made or having effect as if made by virtue of Schedule 11 to the principal Act shall, to the extent that they are in force on the coming into force of this paragraph, have effect as if made under section 116 of the principal Act as substituted by paragraph 9 of this Schedule.

C52SCHEDULE 2 Registration of Old Mining Permissions

Section 22.

Annotations:

Modifications etc. (not altering text)

C52

Sch. 2 applied (with modifications) (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 87(2)(b) (with s. 111); S.I. 2006/1281, art. 2(a)

Application for registration

I171

1

Any person who is an owner of any land to which an old mining permission relates, or is entitled to an interest in a mineral to which such a permission relates, may apply to the mineral planning authority for the permission to be registered.

2

The application must specify the development which the applicant claims is authorised by the permission, including the land to which the permission relates, and the conditions (if any) to which the permission is subject.

3

The application must be served on the mineral planning authority before the end of the period of six months beginning with the day on which this Schedule comes into force.

4

On an application under this paragraph, the mineral planning authority must—

a

if they are satisfied that (apart from section 22(3) of this Act) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—

i

the area of land to which the permission relates, and

ii

the conditions (if any) to which the permission is subject,

and grant the application, and

b

in any other case, refuse the application.

5

Where—

a

application has been made under this paragraph, but

b

the mineral planning authority have not given the applicant notice of their determination within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority),

the application is to be treated for the purposes of section 22 of this Act and this Schedule as having been refused by the authority.

Determination of conditions

I182

1

The conditions to which an old mining permission is to be subject—

a

may include any conditions which may be imposed on a grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste,

b

may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 1(4)(a) above, and

c

must include a condition that the winning and working of minerals or depositing of mineral waste must cease not later than 21st February 2042.

2

Where an application for the registration of an old mining permission has been granted, any person who is an owner of any land to which the permission relates, or is entitled to an interest in a mineral to which the permission relates, may apply to the mineral planning authority to determine the conditions to which the permission is to be subject.

3

The application must set out proposed conditions.

4

The application must be served on the mineral planning authority—

a

after the date mentioned in sub-paragraph (5) below, and

b

except where section 22(3) of this Act applies, before the end of the period of twelve months beginning with that date or such extended period as may at any time be agreed upon in writing between the applicant and the authority.

5

The date referred to in sub-paragraph (4) above is—

a

the date on which the application for registration is granted by the mineral planning authority, if no appeal is made to the Secretary of State under paragraph 5 below, and

b

in any other case, the date on which the application for registration is finally determined.

6

On an application under this paragraph—

C1a

the mineral planning authority must determine the conditions to which the permission is to be subject, and

b

if, within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority) the authority have not given the applicant notice of their determination, the authority shall be treated for the purposes of section 22 of this Act and this Schedule as having determined that the permission is to be subject to the conditions set out in the application.

7

The condition to which an old mining permission is to be subject by reason of sub-paragraph (1)(c) above is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 72(1)(b) of the principal Act (planning permission granted for a limited period).

8

This paragraph does not apply to an old mining permission which has ceased to have effect since the application under paragraph 1 above was granted.

Registration

I193

1

Where an application for the registration of an old mining permission is granted, the permission must be entered in the appropriate part of the register kept under section 69 of the principal Act and the entry must specify the area of land ascertained under paragraph 1(4)(a) above.

2

Where an application to determine the conditions to which an old mining permission is to be subject is finally determined, the conditions must be entered in the appropriate part of that register.

3

The matters required to be entered in the register under this paragraph must be entered as soon as reasonably practicable.

General provisions about applications

I204

1

An application under paragraph 1 or 2 above is an application which is—

a

made on an official form, and

b

accompanied by an appropriate certificate.

2

The applicant must, so far as reasonably practicable, give the information required by the form.

3

Where the mineral planning authority receive an application under paragraph 1 or 2 above, they must as soon as reasonably practicable give to the applicant a written acknowledgement of the application.

4

Where the mineral planning authority determine an application under either of those paragraphs, they must as soon as reasonably practicable give written notice of their determination to the applicant.

5

An appropriate certificate is such a certificate—

a

as would be required under the provisions mentioned in sub-paragraph (6) or, as the case may be, (7) below to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or, as the case may be, involving the depositing of mineral waste, but

b

with such modifications as are required for the purposes of this Schedule.

6

For the purposes of paragraph 1 above, the provisions referred to in sub-paragraph (5) above are—

a

sections 66 to 68 of the principal Act (notification of owners and agricultural tenants) and any provisions of a development order made by virtue of those sections, or

b

where section 16(1) of this Act is in force, any provision, corresponding to the provisions referred to in paragraph (a) above, of section 65 of that Act (notice etc. of applications) and of a development order made by virtue of that section.

7

For the purposes of paragraph 2 above, the provisions referred to in sub-paragraph (5) above are—

a

sections 65 to 68 of the principal Act (publicity for applications) and any provision of a development order made by virtue of those sections, or

b

where section 16(1) of this Act is in force, section 65 of that Act and any provision of a development order made by virtue of that section.

8

Section 68(1) or, as the case may be, 65(5) of that Act (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate.

Right of appeal

I215

1

Where the mineral planning authority—

a

refuse an application under paragraph 1 above, or

b

in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application,

the applicant may appeal to the Secretary of State.

2

Where on an application under paragraph 2 above, the mineral planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State.

3

An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State.

4

In the case of an appeal under sub-paragraph (1) above, the notice must be given to the Secretary of State before the end of the period of three months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 1(5) above, beginning at the end of the period or extended period referred to in paragraph 1(5)(b).

5

In the case of an appeal under sub-paragraph (2) above, the notice must be given to the Secretary of State before the end of the period of six months beginning with the determination.

6

A notice of appeal under this paragraph is a notice which—

a

is made on an official form, and

b

is accompanied by an appropriate certificate.

7

The appellant must, so far as reasonably practicable, give the information required by the form.

8

Paragraph 4(5) to (8) above shall apply for the purposes of sub-paragraph (7) above as it applies for the purposes of paragraph 4(1) above.

Determination of appeal

I22 C26

1

On an appeal under paragraph 5 above the Secretary of State may—

a

allow or dismiss the appeal, or

b

reverse or vary any part of the decision of the mineral planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

2

Before determining such an appeal the Secretary of State must, if either the appellant or the mineral planning 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.

3

If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

a

give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and

b

if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

4

The decision of the Secretary of State on such an appeal shall be final.

Reference of applications to Secretary of State

I237

1

The Secretary of State may give directions requiring applications under this Schedule to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.

2

The direction may relate either to a particular application or to applications of a class specified in the direction.

3

Where an application is referred to him under this paragraph—

a

subject to paragraph (b) and sub-paragraph (4) below, the following provisions of this Schedule—

i

paragraph 1(1) to (4),

ii

paragraph 2(1) to (6)(a), (7) and (8),

iii

paragraphs 3 and 4, and

iv

paragraphs 8 to 10,

shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the mineral planning authority,

b

before determining the application the Secretary of State must, if either the applicant or the mineral planning 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, and

c

the decision of the Secretary of State on the application shall be final.

4

Where an application under paragraph 1 above is so referred to him, paragraph 2(5) above shall apply as if for paragraphs (a) and (b) there were substituted “the date on which the application for registration is finally determined”.

Two or more applicants

I248

1

Where a person has served an application under paragraph 1 or 2 above in respect of an old mining permission—

a

he may not serve any further application under the paragraph in question in respect of the same permission, and

b

if the application has been determined, whether or not it has been finally determined, no other person may serve an application under the paragraph in question in respect of the same permission.

2

Where—

a

a person has served an application under paragraph 1 or 2 above in respect of an old mining permission, and

b

another person duly serves an application under the paragraph in question in respect of the same permission,

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application served on the date on which the later application was served and references to the applicant shall be read as references to either or any of the applicants.

Application of provisions of principal Act

I259

1

Subject to paragraph 3 above, section 69 of the principal Act (registers of applications, etc.), and any provision of a development order made by virtue of that section, shall have effect with any necessary modifications as if references to applications for planning permission included applications under paragraph 1 or 2 above.

2

Where the mineral planning authority is not the authority required to keep the register under that section, the mineral planning authority must provide the authority required to keep the register with such information and documents as that authority requires to comply with paragraph 3 above and with that section as applied by this paragraph.

3

Sections 284 and 288 of the principal Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 284(3) included any decision of the Secretary of State on an appeal under paragraph 5 above or on an application referred to him under paragraph 7 above.

Interpretation

I2610

1

In this Schedule—

“official form” means, in relation to an application or appeal, a document supplied by or on behalf of the Secretary of State for use for the purpose in question, and
“owner” in relation to any land means any person who—

a

is the estate owner in respect of the fee simple, or

b

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

C32

For the purposes of section 22 of this Act and this Schedule, an application under paragraph 1 or 2 above is finally determined when the following conditions are met—

a

the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the principal Act, have been determined, and

b

any time for appealing under paragraph 5 above, or applying or further applying under that section, (where there is a right to do so) has expired.

SCHEDULE 3 Listed Buildings, Conservation Areas and Hazardous Substances

Section 25.

Part I Changes relating to enforcement

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

I271

In section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (offences: penalties)—

a

for subsection (4) there is substituted—

4
A person who is guilty of an offence under this section shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000, or both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

b

in subsection (5) “on indictment” is omitted.

I282

For section 38(5) and (6) of that Act (withdrawal of notices) there is substituted—

5
The local planning authority may—
a
withdraw a listed building enforcement notice (without prejudice to their power to issue another); or
b
waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 38(3),
and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.
6
The local planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it

I293

1

Section 39 of that Act (appeals) is amended as follows.

2

For subsection (1)(b) and (c) there is substituted—

b
that the matters alleged to constitute a contravention of section 9(1) or (2) have not occurred;
c
that those matters (if they occurred) do not constitute such a contravention

3

For subsection (2) there is substituted—

2
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 listed building 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.

4

In subsection (3) after “shall” there is inserted “ subject to any order under section 65(3A) ”.

I304

For section 41(1) and (2) (power to correct or vary enforcement notice on appeal) there is substituted—

1
On an appeal under section 39 the Secretary of State may—
a
correct any defect, error or misdescription in the listed building enforcement notice; or
b
vary the terms of the listed building enforcement notice,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.
2
Where the Secretary of State determines to allow the appeal, he may quash the notice.
2A
The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

I315

For section 42(6) of that Act (power to execute works required by listed building enforcement notice) there is substituted—

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.

I326

For section 43 of that Act (penalties for non-compliance) there is substituted—

43 Offence where listed building enforcement notice not complied with.
1
Where, at any time after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is then owner of the land is in breach of the notice.
2
If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.
3
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.
4
In proceedings against any person for an offence under this section, it shall be a defence for him to show—
a
that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or
b
that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.
5
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.
6
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.

I337

After section 44 of that Act there is inserted—

44A Injunctions.
1
Where a local planning authority consider it necessary or expedient for any actual or apprehended contravention of section 9(1) or (2) 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 Part.
2
On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.
3
Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.
4
The references in subsection (1) to a local planning authority include, as respects England, the Commission.
5
In this section “the court” means the High Court or the county court.

I348

1

Section 65 of that Act (appeals to High Court) is amended as follows.

2

After subsection (3) there is inserted—

3A
In proceedings brought by virtue of this section, 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 listed building enforcement 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.

3

For subsection (5) there is substituted—

5
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.

I359

1

In section 88 of that Act (rights of entry)—

a

in subsection (1) after “on it” there is inserted “ or any other land ”,

b

in subsection (2)(a) after “surveying it” there is inserted “ or any other land ”,

c

in subsection (2)(b) after “complied with” there is inserted “ in relation to the land or any other land ”,

d

in subsection (2)(c) after “on the land” there is inserted “ or any other land ”,

e

in subsection (2)(d) for “such building” there is substituted “ building on the land or any other land ”,

f

in subsection (3)(a) after “section 59” there is inserted “ in relation to the land or any other land ”, and

g

in subsection (3)(b) and (c) after “the land” there is inserted “ or any other land ”.

2

For subsection (7) of that section there is substituted—

88A Warrants to enter land.
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 88; 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 the appropriate authority to enter the land.
2
In subsection (1) “the appropriate authority” means the person who may authorise entry on the land under section 88 for the purpose in question.
3
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.
4
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.
88B Rights of entry: supplementary provisions.
1
A person authorised under section 88 to enter any land shall not demand admission as of right to any land which is occupied unless twenty-four hours notice of the intended entry has been given to the occupier.
2
A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 88 or 88A (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.
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 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.
5
Subsection (4) 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.
6
A person who is guilty of an offence under subsection (4) 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.
7
If any damage is caused to land or chattels in the exercise of—
a
a right of entry; or
b
a power conferred by virtue of section 88(6) in connection with such a right,
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; and section 118 of the principal Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part IV of that Act.
8
No person shall carry out any works in exercise of a power conferred under section 88 unless notice of his intention to do so was included in the notice required by subsection (1).
9
The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 88 if—
a
the land in question is held by statutory undertakers; and
b
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.
10
Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (9) as it applies for the purposes of section 325(9) of the principal Act.

Planning (Hazardous Substances) Act 1990 (c. 10.)

I3610

In section 23(4) of the Planning (Hazardous Substances) Act 1990 (offences)—

a

for “the statutory maximum” there is substituted “ £20,000 ”, and

b

for the words following paragraph (b) there is substituted—

4A
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

I3711

In section 24 of that Act (hazardous substances contravention notices)—

a

in subsection (1)(b) after “remedy” there is inserted “ wholly or partly ”, and

b

in subsection (8) after “before” there is inserted “ or after ”, and

c

at the end of subsection (9) there is inserted “ or would, if the notice were re-issued, be served with a copy of it ”.

I3812

After that section there is inserted—

24A Variation of hazardous substances contravention notices.
1
A hazardous substances authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 24(5)(b) in the notice.
2
The powers conferred by subsection (1) may be exercised before or after the notice takes effect.
3
The hazardous substances authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.

I3913

In section 25(2) of that Act (contravention notices: effect of appeal) after “shall” there is inserted “ subject to regulations under this section ”.

I4014

After section 26(2) of that Act (transitional exemptions) there is inserted—

2A
This section shall have effect until the end of the transitional period.

I4115

After section 26 of that Act there is inserted—

26AA Injunctions.
1
Where a hazardous substances authority consider it necessary or expedient for any actual or apprehended contravention of hazardous substances control 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 Act.
2
On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.
3
Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.
4
In this section “the court” means the High Court or the county court.

I4216

1

Section 36 of that Act (rights of entry) is amended as follows.

2

In subsection (4) after “contravention notice” there is inserted “ or a notice under section 183 of the principal Act (as applied by regulations made by virtue of section 25) ”.

3

For subsection (6) there is substituted—

36A Warrants to enter land.
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 36; 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 hazardous substances authority 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.
36B Rights of entry: supplementary provisions.
1
A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 36 or 36A (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 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.
4
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 land.
5
A person who is guilty of an offence under subsection (3) 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.
6
If any damage is caused to land or chattels in the exercise of—
a
a right of entry; or
b
a power conferred by virtue of section 36(5) in connection with such a right,
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; and section 118 of the principal Act shall apply in relation to compensation under this section as it applies in relation to compensation under Part IV of that Act.
7
The authority of the appropriate Minister shall be required for the carrying out of works in the exercise of a power under section 36 if—
a
the land in question is held by statutory undertakers, and
b
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.
8
Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (7) as it applies for the purposes of section 325(9) of the principal Act.

Part II Minor and Consequential Amendments

Local Government, Planning and Land Act 1980 (c. 65.)

I4317

In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the M2Planning (Listed Buildings and Conservation Areas) Act 1990 there listed: 44A, 88 and 88A.

Housing Act 1988 (c. 50.)

I4418

In section 67(3A) of the Housing Act 1988 for “25 and 36” there is substituted “ 26AA, 36 and 36A ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9.)

I4519

In section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990—

a

in subsection (2) “within such period as may be so specified” is omitted,

b

for subsection (3) there is substituted—

3
A listed building enforcement notice—
a
shall specify the date on which it is to take effect and, subject to sections 39(3) and 65(3A), shall take effect on that date, and
b
shall specify the period within which any steps are required to be taken and may specify different periods for different steps,
and, where different periods apply to different steps, references in this Part to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.

c

in subsection (4) for “specified date” there is substituted “ date specified in it as the date on which it is to take effect ”.

I4620

In section 39(7) of that Act “in writing” is omitted.

I4721

In section 42 of that Act—

a

in subsection (1) for “compliance period” there is substituted “ period for compliance with the notice ”, and

b

subsection (7) is omitted.

I4822

In section 46(4) of that Act for “sections 42 and 43” there is substituted “ section 42 ” and for “those sections” there is substituted “ that section ”.

I4923

Section 55(6) of that Act is omitted.

I5024

In section 82 of that Act—

a

in subsection (1) for “39(6), 42(6) and 55(6)” there is substituted “ and 39(6) ”, and

b

in subsection (3) for “sections 39(6) and 42(6)” there is substituted “ section 39(6) ”.

I5125

In section 88(6) of that Act for “subsection (7)” there is substituted “ section 88B(8) ” and “or the presence of minerals in it” is omitted.

I5226

In section 90(6)(b) of that Act “and 42(6)” is omitted.

I5327

In section 92(2)(b) of that Act “and 42(6)” is omitted.

I5428

In Schedule 3 to that Act, in paragraph 2(1)(b), after “section 41(1), (2)” there is inserted “ (2A) ”.

I5529

In Schedule 4 to that Act, in paragraph 5(b) for “and 88(2)(a) and (b)” there is substituted “ 44A, 88(2)(a) and (b) and 88A ”.

Planning (Hazardous Substances) Act 1990 (c. 10)

I5630

In section 25(1) of the Planning (Hazardous Substances) Act 1990—

a

in paragraph (b)(v) for “175(1) to (4)” there is substituted “ 175(1) to (3) ”, and

b

in paragraph (c) “(1) to (5) and (7)” is omitted.

I5731

In section 31(2) of that Act for “or 24” there is substituted “ 24 or 26AA ”.

I5832

In section 36(5) of that Act “Subject to subsection (6)” is omitted.

SCHEDULE 4 Development Plans

Section 27.

Part I Streamlining of Development Plan System

I591

Part II of the principal Act (development plans) is amended as follows.

Unitary development plans

I602

1

In section 12 (content of unitary development plan), in subsection (3) for the words from “other” to the end there is substituted

use of land in their area.
3A
The policies shall, subject to subsection (3B), include policies in respect of—
a
the conservation of the natural beauty and amenity of the land;
b
the improvement of the physical environment; and
c
the management of traffic.
3B
Regulations under this section may prescribe the aspects of such development and use with which the general policies in Part I of a unitary development plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.

2

In subsection (4)(a) of that section “other”, in the second place where it occurs, and “or for any description of development or other use of such land” are omitted.

3

For subsection (6) of that section there is substituted—

6
In formulating the general policies in Part I of a unitary development plan the authority shall have regard to—
a
any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;
b
current national policies;
c
the resources likely to be available; and
d
such other matters as the Secretary of State may prescribe or, in a particular case, direct.

4

After subsection (7) of that section there is inserted—

7A
In formulating their proposals in Part II of a unitary development plan, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

5

At the end of that section there is inserted—

10
Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.

I613

After that section there is inserted—

12A Urban development corporations.
1
The Secretary of State may direct that a unitary development plan—
a
shall not be prepared; or
b
shall not operate,
in relation to the area of an urban development corporation.
2
The Secretary of State may direct that proposals for the alteration or replacement of a unitary development plan shall not be prepared in relation to the area of an urban development corporation.

I624

For section 13 (publicity in connection with preparation of unitary development plan) there is substituted—

13 Public participation.
1
When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall—
a
comply with—
i
any requirements imposed by regulations made under section 26; and
ii
any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and
b
consider any representations made in accordance with those regulations.
2
Where the local planning authority have prepared a unitary development plan, before adopting it they shall—
a
make copies of it available for inspection at such places as may be prescribed by those regulations;
b
send a copy to the Secretary of State; and
c
comply with any requirements imposed by those regulations.
3
Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.
4
In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 26 and in this Chapter “objections made in accordance with the regulations” means objections made—
a
in accordance with regulations made under that section; and
b
within the prescribed period.
5
The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.
6
A unitary development plan shall not be adopted by the authority under section 15 until—
a
after they have considered any objections made in accordance with the regulations; or
b
if no such objections are made, after the expiry of the prescribed period.

I635

In section 14 (withdrawal of unitary development plan)—

a

in subsections (2) and (4) for “13(3)” there is substituted “ 13(2) ”; and

b

subsection (3) (concerning publicity) is omitted.

I646

In section 15 (adoption of unitary development plan by local planning authority) for subsection (1) there is substituted—

1
Subject to the following provisions of this section and sections 17 and 18, the local planning authority may by resolution adopt the unitary development plan, either as originally prepared or as modified so as to take account of—
a
any objections to the plan; or
b
any other considerations which appear to them to be material.

I657

In section 16 (local inquiries) for subsection (1) there is substituted—

1
Where any objections have been made, in accordance with the regulations, to proposals for a unitary development plan copies of which have been made available for inspection under section 13(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.
1A
The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.
1B
The local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

I668

In section 17(1) (direction to consider proposals) for “consider modifying” there is substituted “ modify ”.

I679

In sections 17(1) and 18(1) for “13(3)”, in both places where it occurs, there is substituted “ 13(2) ”.

I6810

In section 19(2) (approval of unitary development plan by Secretary of State) after “taken into account in” there is inserted “ preparing ”.

I6911

In section 20(1) (local inquiry, public examination and consultation by Secretary of State) for “regulations under this Chapter” there is substituted “ the regulations. ”

I7012

1

In section 21 (alteration or replacement of unitary development plan) for subsection (1) there is substituted—

1
A local planning authority may at any time prepare proposals—
a
for alterations to the unitary development plan for their area; or
b
for its replacement.
1A
If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—
a
such alterations to the unitary development plan as he directs; or
b
its replacement.
1B
An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a unitary development plan if the plan or any part of it has been approved by the Secretary of State.

2

In subsection (2) of that section “Subject to section 22” is omitted.

I7113

Section 22 (short procedure for certain alterations and replacements) is omitted.

I7214

In section 23 (joint unitary development plans)—

a

subsections (2) to (4) and (9) and (10) are omitted;

b

in subsection (5) for “(3)” there is substituted “ (2) ”;

c

in subsection (6) for “(4)” there is substituted “ (3) ”; and

d

in subsection (8) for “making” there is substituted “ preparing ” and for “make” there is substituted “ prepare ”.

I7315

In section 26(2) (regulations with respect to publicity, etc. for unitary development plans)—

a

after paragraph (c) there is inserted—

cc
make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations;

b

in paragraph (f) for the words from “for the purpose” to “22(2)(b)” there is substituted “ in compliance with the regulations or available for inspection under section 13(2) ”; and

c

after that paragraph there is inserted—

ff
make provision for steps taken in compliance with the regulations in respect of a unitary development plan which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent unitary development plan;

Structure and local plans

I7416

In section 31 (structure plans: continuity, form and content), for subsections (2) to (5) there is substituted—

2
A structure plan shall contain a written statement formulating the authority’s general policies in respect of the development and use of land in their area.
3
The policies shall, subject to subsection (4), include policies in respect of—
a
the conservation of the natural beauty and amenity of the land;
b
the improvement of the physical environment; and
c
the management of traffic.
4
Regulations under this section may prescribe the aspects of such development and use with which the general policies in a structure plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.
5
A structure plan shall also contain —
a
such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies as may be prescribed; and
b
such other matters as the Secretary of State may, in any particular case, direct.
6
In formulating their general policies the authority shall have regard to—
a
any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;
b
current national policies;
c
the resources likely to be available; and
d
such other matters as the Secretary of State may prescribe or, in a particular case, direct.
7
Where there is in operation, by virtue of section 7(7) of the 1971 Act, a structure plan relating to part of the area of a local planning authority, the authority shall, within such period (if any) as the Secretary of State may direct, prepare proposals for replacing the structure plans for the time being in operation with a single structure plan relating to the whole of their area.
8
The following provisions of this Chapter apply to such replacement as they apply to replacement in exercise of the power in section 32(1)(b).
9
Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.
10
For the purposes of this section, except subsection (6)(b), “policies” includes proposals.

I7517

For sections 32 to 41 (provisions with respect to the alteration and replacement of structure plans and the making, alteration and replacement of local plans and related provisions) there is substituted—

32 Alteration and replacement of structure plans.
1
A local planning authority may at any time prepare proposals—
a
for alterations to the structure plan for their area; or
b
for its replacement.
2
If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—
a
such alterations to the structure plan as he directs; or
b
its replacement.
3
An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a structure plan if the plan or any part of it has been approved by the Secretary of State under section 35A.
4
Proposals for the alteration of a structure plan may relate to the whole or part of the area to which the plan relates.
5
Proposals prepared under this section shall be accompanied by an explanatory memorandum.
6
The explanatory memorandum shall state—
a
the reasons which in the opinion of the authority justify each of their proposals;
b
any information on which the proposals are based;
c
the relationship of the proposals to general policies for the development and use of land in neighbouring areas which may be expected to affect the area to which the proposals relate,
and may contain such illustrative material as the authority think appropriate.
7
Proposals for the alteration or replacement of a structure plan shall not become operative unless they are—
a
adopted by the authority (under section 35); or
b
approved by the Secretary of State (under section 35A).
33 Public participation.
1
When preparing proposals for the alteration or replacement of a structure plan for their area and before finally determining their contents the local planning authority shall—
a
comply with—
i
any requirements imposed by regulations made under section 53; and
ii
any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and
b
consider any representations made in accordance with those regulations.
2
Where the authority have prepared proposals for the alteration or replacement of a structure plan they shall—
a
make copies of the proposals and the explanatory memorandum available for inspection at such places as may be prescribed by those regulations;
b
send a copy of the proposals and the explanatory memorandum to the Secretary of State; and
c
comply with any requirements imposed by those regulations.
3
Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.
4
In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter “objections made in accordance with the regulations” means objections made—
a
in accordance with regulations made under that section; and
b
within the prescribed period.
5
The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.
6
The proposals shall not be adopted by the authority under section 35 until—
a
after they have considered any objections made in accordance with the regulations; or
b
if no such objections are made, after the expiry of the prescribed period.
34 Withdrawal of proposals for alteration and replacement of structure plans.
1
Proposals for the alteration or replacement of a structure plan may be withdrawn by the local planning authority at any time before they have adopted them or the Secretary of State has approved them.
2
On the withdrawal of such proposals, the authority shall—
a
withdraw the copies made available for inspection in accordance with section 33(2); and
b
give notice that the proposals have been withdrawn to every person who has made an objection to them.
35 Adoption of proposals.
1
Subject to subsection (3) and sections 35A and 35B, the local planning authority may by resolution adopt proposals for the alteration or replacement of a structure plan, either as originally prepared or as modified so as to take account of—
a
any objections to the proposals; or
b
any other considerations which appear to them to be material.
2
If it appears to the Secretary of State that the proposals are unsatisfactory he may, at any time before the local planning authority have adopted the proposals, direct the authority to modify the proposals in such respects as are indicated in the direction.
3
An authority to whom such a direction is given shall not adopt the proposals unless—
a
they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction; or
b
the direction is withdrawn.
4
Subject to the following provisions of this Chapter and to section 287, proposals for the alteration or replacement of a structure plan shall become operative on the date on which they are adopted.
35A Calling in of proposals for approval by Secretary of State.
1
The Secretary of State may, at any time before the local planning authority have adopted proposals for the alteration or replacement of a structure plan, direct that all or any part of the proposals shall be submitted to him for his approval.
2
If he gives such a direction—
a
the local planning authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and
b
the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 35.
3
Subsection (2)(a) applies in particular to holding or proceeding with an examination in public under section 35B(1).
4
The Secretary of State may, after considering proposals submitted to him in compliance with a direction under subsection (1)—
a
approve them, in whole or in part and with or without modifications or reservations; or
b
reject them.
5
In considering proposals so submitted to him the Secretary of State—
a
shall take into account any objections made in accordance with the regulations; and
b
may take into account any matters which he thinks relevant, whether or not they were taken into account in preparing the proposals.
6
For the purpose of taking into account any objection or matter, the Secretary of State may, but need not, consult with any local planning authority or other person.
7
The Secretary of State shall give the authority such statement as he considers appropriate of the reasons governing his decision on any proposals submitted to him.
8
Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.
35B Examination in public.
1
Before adopting proposals for the alteration or replacement of a structure plan, the local planning authority shall, unless the Secretary of State otherwise directs, cause an examination in public to be held of such matters affecting the consideration of the proposals as—
a
they consider ought to be so examined; or
b
the Secretary of State directs.
2
Where proposals are submitted to the Secretary of State in compliance with a direction under section 35A(1), he may cause an examination in public to be held of any matter specified by him.
3
An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.
4
No person shall have a right to be heard at an examination in public.
5
The following may take part in an examination in public—
a
in the case of an examination held under subsection (1), the local planning authority; and
b
in any case, any person invited to do so by the person or persons holding the examination or the person causing the examination to be held.
6
The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination in public.
7
An examination in public shall constitute a statutory inquiry for the purposes of section l(l)(c) of the M3Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.
35C Duties to notify authorities responsible for local plans
1
An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are adopted or approved—
a
notify any authority responsible for a local plan in their area that the proposals have been adopted or approved; and
b
supply that authority with a statement that the local plan is or, as the case may be, is not in general conformity with the altered or new structure plan.
2
A statement that a local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.
3
An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are withdrawn, notify any authority responsible for a local plan in their area that the proposals have been withdrawn.
4
Nothing in this section requires an authority to notify or supply a statement to themselves.
5
For the purposes of this section an authority shall be regarded as responsible—
a
for a structure plan, if they are entitled to prepare proposals for its alteration or replacement; and
b
for a local plan, if they are under a duty to prepare a local plan or are entitled to prepare proposals for its alteration or replacement.
Local plans
36 Local plans.
1
The local planning authority shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a local plan.
2
A local plan shall contain a written statement formulating the authority’s detailed policies for the development and use of land in their area.
3
The policies shall include policies in respect of—
a
the conservation of the natural beauty and amenity of the land;
b
the improvement of the physical environment; and
c
the management of traffic.
4
A local plan shall be in general conformity with the structure plan.
5
A local plan shall not contain—
a
any policies in respect of the winning and working of minerals or the depositing of mineral waste, unless it is a plan for a National Park;
b
any policies in respect of the depositing of refuse or waste materials other than mineral waste, unless it is a plan for a National Park or for an area where such depositing is not a county matter for the purposes of Schedule 1.
6
A local plan shall also contain—
a
a map illustrating each of the detailed policies; and
b
such diagrams, illustrations or other descriptive or explanatory matter in respect of the policies as may be prescribed,
and may contain such descriptive or explanatory matter as the authority think appropriate.
7
A local plan may designate any part of the authority’s area as an action area, that is to say, an area which they have selected for the commencement during a prescribed period of comprehensive treatment by development, redevelopment or improvement (or partly by one and partly by another method).
8
If an area is so designated the plan shall contain a description of the treatment proposed by the authority.
9
In formulating their detailed policies, the authority shall have regard to—
a
such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct; and
b
the provisions of any scheme under paragraph 3 of Schedule 32 to the M4Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.
10
Subject to the following provisions of this Chapter and section 287, a local plan shall become operative on the date on which it is adopted.
11
For the purposes of this section “policies” includes proposals.
37 Minerals local plans.
1
A mineral planning authority for an area other than a National Park shall, within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a minerals local plan.
2
A minerals local plan shall contain a written statement formulating the authority’s detailed policies for their area in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste.
3
The local planning authority for a National Park shall, within such period (if any) as the Secretary of State may direct—
a
prepare for their area a plan to be known as a minerals local plan; or
b
include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste.
4
In formulating the policies in a minerals local plan, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.
5
Subsections (4), (6), (10) and (11) of section 36 apply with respect to minerals local plans as they apply with respect to local plans.
6
The following provisions of this Chapter apply with respect to minerals local plans as they apply with respect to local plans, but as if references to a local planning authority were, in relation to an area other than a National Park, references to a mineral planning authority.
38 Waste policies.
1
In this section —
“waste policies” means detailed policies in respect of development which involves the depositing of refuse or waste materials other than mineral waste; and
“waste local plan” means a plan containing waste policies.
2
A local planning authority other than an excluded authority shall, within such period (if any) as the Secretary of State may direct—
a
prepare a waste local plan for their area; or
b
include their waste policies in their minerals local plan.
3
A local planning authority are an excluded authority for the purposes of subsection (2) if they are an authority—
a
for a National Park;
b
for an area where waste policies are not a county matter for the purposes of Schedule 1.
4
A local planning authority for a National Park shall within such period (if any) as the Secretary of State may direct—
a
prepare a waste local plan for their area; or
b
include their waste policies in—
i
their minerals local plan; or
ii
their local plan.
5
In formulating their waste policies, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.
6
Subsections (4), (6), (10) and (11) of section 36 apply with respect to waste local plans as they apply with respect to local plans.
7
The following provisions of this Chapter apply with respect to waste local plans as they apply with respect to local plans, but as if references to a local planning authority were references to the authority who are entitled to prepare a waste local plan.
39 Alteration and replacement of local plans.
1
A local planning authority may at any time prepare proposals—
a
for alterations to the local plan for their area; or
b
for its replacement.
2
A local planning authority shall—
a
consider whether they need to prepare such proposals, if they have been supplied with a statement under section 35C that the local plan is not in general conformity with the structure plan; and
b
prepare such proposals, if they are directed to do so by the Secretary of State, within such period (if any) as he may direct.
3
An authority shall not, without the consent of the Secretary of State, prepare such proposals if the plan or any part of it has been approved by the Secretary of State.
4
Proposals for the alteration of a local plan may relate to the whole or part of the area to which the plan relates.
5
Subject to the following provisions of this Chapter and section 287, proposals for the alteration or replacement of a local plan shall become operative on the date on which they are adopted.
40 Public participation.
1
When preparing a local plan for their area or proposals for its alteration or replacement and before finally determining the contents of the plan or the proposals the local planning authority shall—
a
comply with—
i
any requirements imposed by regulations made under section 53; and
ii
any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and
b
consider any representations made in accordance with those regulations.
2
Subject to section 46(1), where the authority have prepared a local plan or proposals for its alteration or replacement they shall—
a
make copies of the relevant documents available for inspection at such places as may be prescribed by those regulations;
b
send a copy of the relevant documents to the Secretary of State; and
c
comply with any requirements imposed by those regulations.
3
In subsection (2) “the relevant documents” means—
a
the plan or the proposals; and
b
any statement supplied under section 46(2).
4
Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.
5
In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter “objections made in accordance with the regulations” means objections made—
a
in accordance with regulations made under that section; and
b
within the prescribed period.
6
The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.
7
A local plan or proposals for its alteration or replacement shall not be adopted by the authority under section 43 until—
a
after they have considered any objections made in accordance with the regulations; or
b
if no such objections are made, after the expiry of the prescribed period.

I7618

For section 42(1) and (2) (local inquiries) there is substituted—

1
Where any objections have been made, in accordance with the regulations, to proposals for a local plan or for its alteration or replacement copies of which have been made available for inspection under section 40(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.
2
The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.
2A
No local inquiry or other hearing need be held under this section if all persons who have made objections have indicated in writing that they do not wish to appear.

I7719

1

In section 43 (adoption of proposals) for subsections (1) and (2) there is substituted—

1
Subject to the following provisions of this section and section 44, the local planning authority may by resolution adopt proposals for a local plan or for its alteration or replacement, either as originally prepared or as modified so as to take account of—
a
any objections to the plan; or
b
any other considerations which appear to them to be material.

2

In subsection (4) of that section for “consider modifying” there is substituted “ modify ”.

I7820

1

In section 44 (calling in of proposals for approval by Secretary of State) in subsection (1) after “proposals” in the second place where it occurs there is inserted “ or any part of them ”.

2

For subsection (2) of that section there is substituted—

2
If he gives such a direction—
a
the authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and
b
the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 43.

I7921

1

In section 45 (approval of proposals by Secretary of State), in subsection (3)(a) after “with” there is inserted “ the ”.

2

After subsection (4) of that section there is inserted—

5
Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.

I8022

For sections 46 to 48 (conformity between local plan and structure plan) there is substituted—

46 Conformity between plans.
1
An authority responsible for a local plan shall not make copies available as mentioned in section 40(2) unless—
a
they have served on the authority responsible for the structure plan in their area a copy of the plan or the proposals; and
b
such period as may be prescribed has elapsed since they served the copy of the plan or proposals.
2
Where a local planning authority have been served with a copy as mentioned in subsection (1) they shall, before the end of any period prescribed for the purposes of that subsection, supply the authority responsible for the local plan with—
a
a statement that the plan or the proposals are in general conformity with the structure plan; or
b
a statement that the plan or the proposals are not in such conformity.
3
A statement that a plan or proposals are not in such conformity shall specify the respects in which the plan or proposals are not in such conformity.
4
Any such statement shall be treated for the purposes of this Chapter as an objection made in accordance with the regulations.
5
Nothing in this section requires an authority to serve a copy on or supply a statement to themselves.
6
Where—
a
a local planning authority propose to make, alter or replace a local plan;
b
copies of proposals for the alteration or replacement of the structure plan for their area have been made available for inspection under section 33(2); and
c
the authority mentioned in paragraph (a) include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,
the permitted assumption shall, subject to subsection (9), be made for all purposes (including in particular any question as to conformity between plans).
7
In this section “the permitted assumption” means the assumption that—
a
the proposals mentioned in subsection (6)(b); or
b
if any proposed modifications to those proposals are published in accordance with regulations made under section 53, the proposals as so modified,
have been adopted.
8
For the purposes of subsection (6)(c) a copy is a relevant copy of a plan or proposals if it is—
a
served under subsection (1)(a); or
b
made available or sent under section 40(2).
9
The permitted assumption shall not be made at any time after the authority mentioned in subsection (6)(a) know that the proposals mentioned in subsection (6)(b) have been withdrawn.
10
The provisions of a local plan prevail for all purposes over any conflicting provisions in the relevant structure plan unless the local plan is one—
a
stated under section 35C not to be in general conformity with the structure plan; and
b
neither altered nor replaced after the statement was supplied.
11
The Secretary of State may make regulations with respect to cases where—
a
provisions in a structure plan or a local plan conflict with provisions in—
i
a minerals local plan; or
ii
a waste local plan;
b
a structure plan and a local plan are made by the same authority and the provisions of the two plans conflict.
12
Subsection (5) of section 35C applies for the purposes of this section as it applies for the purposes of that.

I8123

In section 49 “repeal” is omitted.

I8224

1

In section 50 (joint structure and local plans), in subsection (1), the words “for the repeal and” and subsections (2) and (3) are omitted.

2

In subsection (4) of that section “repeal and” is omitted and for “33(3)” there is substituted “ 33(2) ”.

3

In subsection (5) of that section “repeal and” is omitted and for “(3)” there is substituted “ (2) ”.

4

In subsection (6) of that section—

a

in the opening words, “repeal” is omitted;

b

in paragraph (a)—

i

the words from the beginning to “except that” and the words “or 40(2)(a)” and “or 40(3)” are omitted;

ii

for “39(5)(a)” there is substituted “ 40(2) ”; and

iii

for “39(6)” there is substituted “ 40(4) ”; and

c

in paragraph (b) “and they may do so as respects any part of that area to which the proposals relate” is omitted.

5

For subsection (7) of that section there is substituted—

7
Where a structure plan has been jointly prepared by two or more local planning authorities, the duty—
a
to notify and supply a statement under section 35C; and
b
to supply a statement under section 46,
shall apply to each of those authorities.
7A
Where a local plan, or proposals for its alteration or replacement have been jointly prepared by two or more local planning authorities—
a
the requirement to serve a copy under subsection (1) of section 46; and
b
the right to be supplied with a statement under subsection (2) of that section,
shall apply to each of those authorities.

6

In subsection (8) of that section “repeal” and “in accordance with the provisions of the relevant local plan scheme” are omitted and for “38” there is substituted “ 39 ”.

7

For subsection (9) of that section there is substituted—

9
The date of the coming into operation—
a
of proposals for the alteration or replacement of a structure plan prepared jointly by two or more local planning authorities; and
b
of a local plan or proposals for its alteration or replacement so prepared,
shall be a date jointly agreed by those authorities.

I8325

In section 51(1) “repeal”, in both places where it occurs, is omitted.

I8426

After section 51 there is inserted—

51A Urban development corporations.
1
The Secretary of State may direct—
a
that a structure plan shall not operate; or
b
that a local plan shall not be prepared or operate,
in relation to the area of an urban development corporation.
2
The Secretary of State may direct that proposals for the alteration or replacement of a structure plan or a local plan shall not be prepared in relation to the area of an urban development corporation.

I8527

1

In section 52(1) (reviews of plans in enterprise zones) for paragraphs (a) and (b) there is substituted “ any local planning authority for an area in which the enterprise zone is wholly or partly situated shall consider whether they need, in the light of the provisions in the scheme or modified scheme, to prepare proposals for the alteration or replacement of any structure or local plan in relation to which they have power to prepare such proposals. ”

2

Subsections (2) and (3) are omitted.

I8628

1

In section 53 (regulations with respect to publicity etc. for structure plans and local plans), in subsection (1) “repeal” is omitted.

2

In subsection (2) of that section—

a

in paragraph (b) “repeal” is omitted;

b

after paragraph (c) there is inserted—

cc
make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations;

c

in paragraph (f) for the words from “for the purpose” to “40(2)(a)” there is substituted “ in compliance with the regulations or available for inspection under section 33(2) or 40(2) ”;

d

after that paragraph there is inserted—

ff
make provision for steps taken in compliance with the regulations in respect of a plan or proposal which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent plan or proposal;

e

in paragraph (g) “repealing” is omitted.

3

Subsection (5) of that section (date on which plans or proposals become operative) is omitted.

I8729

1

In section 54 (meaning of “development plan” outside Greater London and the metropolitan counties) in subsection (1) for paragraphs (a) to (d) there is substituted—

a
the provisions of the structure plan for the time being in operation in the area;
b
any alterations to that structure plan;
c
the provisions of the local plan and any minerals local plan or waste local plan for the time being in operation in the area;
d
any alterations to that local plan or minerals local plan or waste local plan,
together with the resolutions of the authority who made or altered the plan or, as the case may be the Secretary of State’s notice of approval.

2

In subsection (4) of that section at the end there is inserted “ and Part III of Schedule 4 to the M5Planning and Compensation Act 1991 ”.

Part II Minor and Consequential Amendments

I8830

In section 284(1)(a) of the principal Act (validity of development plans etc.)—

a

after “local plan” there is inserted “ minerals local plan, waste local plan ”; and

b

“repeal”, in both places where it occurs, is omitted.

I8931

In section 287 of that Act (proceedings for questioning validity of development plans, etc.)—

a

in subsection (1) after “local plan” there is inserted “ minerals local plan or waste local plan ”; and

b

in subsections (1) to (3) and (5) “repeal” is omitted.

I9032

In section 306(2) of that Act (contributions by local authorities and statutory undertakers)—

a

after “local plan” there is inserted “ minerals local plan or waste local plan ”; and

b

“repeal” is omitted.

I9133

In section 324(1)(a) (rights of entry in connection with preparation etc. of plans), after “local plan” there is inserted “ minerals local plan or waste local plan ”.

I9234

In section 336(1) (interpretation) in the definition of “development plan” after “Schedule 2” there is inserted “ and Part III of Schedule 4 to the Planning and Compensation Act 1991 ”.

I9335

1

In Schedule 1 to that Act (local planning authorities: distribution of functions) for paragraph 2 there is substituted—

2
The functions of a local planning authority—
a
under sections 30 to 35B, 38(2) and 50(1), (4), (5) and (7) shall be exercisable by the county planning authority and not by the district planning authority;
b
under section 36, 39, 40, 42 to 44 and 50(6), (7A) and (8) shall be exercisable by the district planning authority and not by the county planning authority;
and references to a local planning authority in those sections shall be construed accordingly.

2

In paragraph 7(3) of that Schedule, in paragraph (a)—

a

for sub-paragraphs (i) to (iii) there is substituted—

i
of any policy contained in a structure plan which has been adopted or approved;
ii
of any policy contained in proposals made available for inspection under section 33(2);

b

for sub-paragraphs (v) to (vii) there is substituted—

v
of any policy contained in a minerals local plan or a waste local plan which has been adopted or approved;
vi
of any policy contained in proposals for the making, alteration or replacement of a minerals local plan or a waste local plan which have been made available for inspection under section 40(2);
vii
of any proposal contained in a local plan which was prepared by the county planning authority and continued in operation by virtue of paragraph 44 of Schedule 4 to the M6Planning and Compensation Act 1991;
viii
of any proposal contained in proposals in respect of a local plan which have been prepared by the county planning authority and are adopted or approved by virtue of paragraph 43 of that Schedule or made available for inspection in pursuance of that paragraph;

I9436

1

In Schedule 2 to that Act (transitional provisions with respect to unitary development plans)—

a

in Part I, paragraphs 3, 5 and 6, and

b

in Part II, paragraphs 3 to 16 and 18,

are omitted.

2

For paragraph 4 of Part I of that Schedule and paragraph 17 of Part II of that Schedule there is substituted in each case—

0
1
Sub-paragraph (2) applies where—
a
a local plan is in force in the area of a local planning authority;
b
a unitary development plan is being prepared;
c
the local planning authority who are preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy; and
d
a local inquiry or other hearing is held for the purpose of considering any objection to the plan.
2
Where this sub-paragraph applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—
a
the objection is to a policy identified in the statement published under sub-paragraph (1)(c);
b
the policy so identified is an existing policy; and
c
there has been no significant change in circumstances affecting the existing policy since it first formed part of the plan mentioned in sub-paragraph (1)(a).
3
In this paragraph “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).

I9537

1

In Schedule 13 to that Act (blighted land) in paragraph 1 in Note (1) for paragraphs (a) and (b) there is substituted—

a
proposals for the alteration or replacement of a structure plan which have been made available for inspection under section 33(2);
b
any proposed modifications to those proposals which have been published in accordance with regulations under section 53.

2

In Note (2) to that paragraph for the words from “33(9)” to the end there is substituted “ 34 ”.

3

In Note (5) for “in force” there is substituted “ in operation ”.

4

After that Note there is inserted—

5A
In Note (5) the reference to a local plan in operation includes a reference to a minerals local plan, a waste local plan, which in either case is in operation, and to a local plan continued in operation by virtue of paragraph 44 of Schedule 4 to the M7Planning and Compensation Act 1991.

5

In Note (7) to that paragraph for the words from “and all references” to the end there is substituted “ and Notes (1) to (4) shall be omitted ”.

6

In paragraph 2 of that Schedule in paragraph (a) for “in force” there is substituted “ in operation ”.

7

For Note (1) to paragraph 2 there is substituted—

1
In this paragraph the reference to a local plan in operation includes a reference to a minerals local plan, a waste local plan, which in either case is in operation, and to a local plan continued in operation by virtue of paragraph 44 of Schedule 4 to the M8Planning and Compensation Act 1991, and also includes—
a
proposals for the making or alteration and replacement of any such plan where copies of the proposals have been made available for inspection under section 40(2) or by virtue of paragraph 43 of Schedule 4 to the M9Planning and Compensation Act 1991; and
b
any proposed modifications to those proposals which have been published in accordance with regulations under section 53.

8

Notes (2) and (5) to that paragraph are omitted.

9

In Note (3) to that paragraph “also” is omitted.

10

In paragraph 3 of that Schedule, in Note (1)—

a

in paragraph (a) for “13(3)” there is substituted “ 13(2) ”; and

b

in paragraph (b) “or under section 22” is omitted.

11

In Note (2) to that paragraph “13(7) or” is omitted.

12

In paragraph 4 of that Schedule, in Note (1)—

a

in paragraph (a) for “13(3)” there is substituted “ 13(2) ”;

b

in paragraph (b) “or under section 22” is omitted.

13

In Note (2) to that paragraph “13(7) or” is omitted.

I9638

In Schedule 4 to the M10Planning (Consequential Provisions) Act 1990—

a

in paragraph 1, in the Table, the entry relating to section 9(4) of the 1971 Act and paragraph 2 of that Schedule is omitted;

b

paragraph 2 is omitted.

F139

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96Part III Transitional Provisions

Annotations:

Amendments (Textual)

F96

Sch. 4 Pt. III repealed (28.9.2004 for E., 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 7 para. 16, Sch. 9 (with s. 111); S.I. 2004/2202, art. 2(i)(k), Sch. 1 Pt. 1; S.I. 2005/2847, art. 2(f)(g), Sch. 1

F96 Interpretation

F9640

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 Unitary development plans

F9641

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 Structure plans

F9642

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 Local plans

F9643

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9644

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9645

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 Minerals and waste local plans

F9646

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 Duty of structure plan authority to notify authorities responsible for saved local plans et ceteralaetc.

F9647

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 Consultation

F9648

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 Joint plans

F9649

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 Proceedings for questioning validity of development plans

F9650

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 The Isles of Scilly

F9651

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I107SCHEDULE 5 Simplified Planning Zones

Section 28.

Annotations:

Commencement Information

I107

Sch. 5 wholly in force; Sch. 5 not in force at Royal Assent see s. 84(2); Sch. 5 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

Part I Modification of Procedure for Making or Altering Schemes

Procedure before and after deposit of proposals

I971

In Schedule 7 to the principal Act (simplified planning zones) for paragraphs 5 to 7 there is substituted—

Steps to be taken before depositing proposals
5
1
A local planning authority proposing to make or alter a simplified planning zone scheme shall, before determining the content of their proposals, comply with this paragraph.
2
They shall—
a
consult the Secretary of State having responsibility for highways as to the effect any proposals they may make might have on existing or future highways,
b
if they are the district planning authority, consult the county council—
i
as county planning authority, and
ii
as to the effect which any matters the district planning authority are considering including in the proposals might have on existing or future highways, and
c
consult or notify such persons as regulations may require them to consult or, as the case may be, notify.
3
They shall take such steps as may be prescribed or as the Secretary of State may, in a particular case, direct to publicise—
a
the fact that they propose to make or alter a simplified planning zone scheme, and
b
the matters which they are considering including in the proposals.
4
They shall consider any representations that are made in accordance with regulations.
Procedure after deposit of proposals
6
Where a local planning authority have prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, they shall—
a
make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed,
b
take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected,
c
take such steps as may be prescribed for inviting objections to be made within such period as may be prescribed, and
d
send a copy of the proposed scheme or alterations to the Secretary of State and to the Secretary of State having responsibility for highways and, if they are the district planning authority, to the county council.

Dealing with objections, etc.

I982

1

For paragraph 8(1) to (3) (objections: local inquiry or other hearing) there is substituted—

Procedure for dealing with objections
8
1
Where objections to the proposed scheme or alterations are made, the local planning authority may—
a
for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or
b
require the objections to be considered by a person appointed by the Secretary of State.
2
A local planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.

2

For paragraph 11(3) and (4) (consideration of objections, etc., by Secretary of State) there is substituted—

3
Where on taking the proposals into consideration the Secretary of State does not determine then to reject them he shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which—
a
have already been considered by the local planning authority or by a person appointed by the Secretary of State, or
b
have already been considered at a local inquiry or other hearing.
4
The Secretary of State may—
a
for the purpose of considering any objections and the views of the local planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or
b
require such objections and views to be considered by a person appointed by him.
5
In considering the proposals the Secretary of State may consult with, or consider the views of, any local planning authority or any other person; but he need not do so, or give an opportunity for the making or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3).

Part II Minor and Consequential Amendments

I993

In Schedule 1 to that Act, paragraph 9(2) and (3) is omitted.

I1004

Schedule 7 to that Act is amended as follows.

I1015

At the end of paragraph 4(1) there is added “ and, in either case, requires the local planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme. ”

I1026

In paragraph 8(4) for “to hold a local inquiry or other hearing” there is substituted “ for the purposes of this paragraph ”.

I1037

1

In paragraph 9 for sub-paragraph (1) there is substituted—

1
After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 8, the local planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and paragraph 10).

2

In sub-paragraph (3) of that paragraph for “consider modifying” there is substituted “ modify ”.

I1048

In paragraph 10(2)(a) after “hearing” there is inserted “ or any consideration of objections ”.

I1059

For paragraph 12(1) there is substituted—

12
1
Where—
a
a local planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and
b
the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme,
he may himself make a scheme or, as the case may be, the alterations.

I10610

In paragraph 13(2)—

a

after paragraph (b) there is inserted—

bb
make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations;

b

in paragraph (e) the words from “for the purpose” to “6(2)” are omitted.

SCHEDULE 6 Planning Compensation Repeals: Minor and Consequential Amendments

Section 31.

Land Compensation Act 1961 (c. 33)

I1081

1

In section 15 of the Land Compensation Act 1961 (assumptions not directly derived from development plans)—

a

for subsection (3) there is substituted—

3
Subject to subsection (4) of this section, it shall be assumed that, in respect of the relevant land or any part of it, planning permission would be granted—
a
subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and
b
for any development of a class specified in paragraph 2 of Schedule 3 to that Act.

b

in subsection (4), paragraphs (a) and (b) are omitted.

2

This paragraph shall have effect, or be treated as having had effect, in relation to compensation which fell or falls to be assessed by reference to prices current on 16th November 1990 or on any subsequent date.

Gas Act 1965 (c. 36)

I1092

In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.

Public Expenditure and Receipts Act 1968 (c.14)

I1103

In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (b) is omitted.

Post Office Act 1969 (c.48)

I1114

In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for “Parts V and XII of the Town and Country Planning Act 1990” there is substituted “ Part XII of the Town and Country Planning Act 1990 ”.

Land Compensation Act 1973 (c. 26)

I1125

1

In section 5 of the Land Compensation Act 1973 (assessment of compensation: assumptions as to planning permission)—

a

for subsection (2) there is substituted—

2
Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists (“the relevant land”) or any part of it, planning permission would be granted—
a
subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and
b
for any development of a class specified in paragraph 2 of Schedule 3 to that Act.

b

in subsection (3), paragraphs (a) and (b) are omitted.

2

This paragraph shall have effect, or be treated as having had effect, where the relevant date for the purposes of Part I of the M11Land Compensation Act 1973 fell or falls on or after 16th November 1990.

Civil Aviation Act 1982 (c. 16)

I1136

In section 53(1)(a) of the Civil Aviation Act 1982 “114,” is omitted.

Airports Act 1986 (c.31)

I1147

In section 61(1)(a) of the Airports Act 1986 “114,” is omitted.

The principal Act

I1158

The principal Act is amended as follows.

I1169

In section 55 (meaning of development) subsection (6) (meaning of new development) is omitted.

I11710

In section 56(5) (time when development begun) for paragraph (b) there is substituted—

b
development of a class specified in paragraph 1 or 2 of Schedule 3;

I118 C411

Sections 80 and 81 (review of planning decisions where compensation claimed under Part V) are omitted.

I119 C512

In section 90(3) (development with Government authorisation) for “Parts V and” there is substituted “ Part ”.

I12013

1

In section 107(4) (compensation where planning permission revoked or modified) for “for any development of the land of any class specified in Schedule 3” there is substituted

—
a
subject to the condition set out in Schedule 10, for any development of the land of a class specified in paragraph 1 of Schedule 3;
b
for any development of a class specified in paragraph 2 of Schedule 3.

2

This paragraph shall have effect, or be treated as having had effect, in relation to claims made on or after 16th November 1990.

I121 C614

In section 109(6) (apportionment of compensation for depreciation) for “in sections 110 and 113” there is substituted “ section 110 ”.

I12215

In section 111 (recovery of compensation under section 107 on subsequent development)—

a

in subsections (1) and (2) “new”, in both places where it occurs, is omitted;

b

in subsection (2) for “and (4)” there is substituted “ to (5) ”; and

c

for subsection (5) there is substituted—

5
This section does not apply to any development—
a
of a class specified in paragraph 1 of Schedule 3 which is carried out in accordance with the condition set out in Schedule 10; or
b
of a class specified in paragraph 2 of Schedule 3.

I12316

In section 112 (amount recoverable under section 111 and provisions for payment or remission of it) the following are omitted—

a

in subsection (9), “new”;

b

in subsection (12), paragraph (a); and

c

in subsection (13), “paragraph (a) or paragraph (b) of”.

I124 C717

Section 113 (contribution of Secretary of State where compensation could have been claimed under Part V) is omitted.

I12518

In section 138(2)(a) (circumstances in which land incapable of reasonably beneficial use) for “new development,” there is substituted “ development other than any development specified in paragraph 1 or 2 of Schedule 3; ”.

I12619

In section 144 (special provisions as to compensation where purchase notice served)—

a

in subsection (2)(b), for “existing use value” there is substituted “ Schedule 3 value ”; and

b

in subsection (6), for the definition of “existing use value” there is substituted—

“Schedule 3 value”, in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted—
a
subject to the condition in Schedule 10, for any development of a class specified in paragraph 1 of Schedule 3; and
b
for any development of a class specified in paragraph 2 of Schedule 3.

I12720

In section 198(4)(a) (tree preservation orders) “80, 81” is omitted.

I12821

In section 220(3)(a) (advertisement regulations) “80, 81” is omitted.

I12922

In section 262(4) and (7)(a) (meaning of “statutory undertakers”) “123” is omitted.

I13023

In section 263(3) (meaning of “operational land”) “123(3) and (4)” is omitted.

I13124

In section 284(3) (validity of orders, etc.) paragraph (c) is omitted.

I13225

1

In section 298 (supplementary provisions as to Crown and Duchy interests) for subsections (1) and (2) there is substituted—

1
Where there is a Crown interest in any land, sections 109 to 112 shall have effect in relation to any private interest or Duchy interest as if the Crown interest were a private interest.
2
Where there is a Duchy interest in any land, those sections shall have effect in relation to that interest or any private interest as if the Duchy interest were a private interest.

2

In subsection (3) of that section for “the provisions of this Act referred to in subsection (1)(a)” there is substituted “ sections 109 to 112 ”.

3

This paragraph does not affect the operation of Schedule 3 to the M12Planning (Consequential Provisions) Act 1990 in relation to any private interest or Duchy interest (as defined in section 293 of the principal Act).

I13326

1

In section 308 (recovery from acquiring authorities of sums paid by way of compensation)—

a

in subsection (1)(b), “or 132(1)” is omitted;

b

in subsection (2), “or, as the case may be, section 132(4)” is omitted; and

c

in subsection (6) “and in section 309” is omitted.

2

Any amount recoverable under that section, by reason of a notice registered under section 132(1), which has not been paid shall cease to be recoverable.

I13427

Section 309 (recovery from acquiring authorities of sums paid in respect of war-damaged land) is omitted.

I13528

In section 310 (sums recoverable from acquiring authorities reckonable for purposes of grant) “or 309” is omitted.

I136 C829

In section 311(1)(b) (expenses of government departments) “or V” is omitted.

I137 C930

Section 312 (payments under s. 59 of 1947 Act and Parts I and V of 1954 Act) is omitted.

I13831

In section 313 (general provision as to receipts of Secretary of State) “Without prejudice to section 312, and” is omitted.

I13932

In section 315(2) (power to modify Act in relation to minerals) the words from “and in relation” to “in respect of such land” are omitted.

I14033

In section 318(5) (ecclesiastical property) for “112, 133 or 327” there is substituted “ or 112 ”.

I14134

In section 324 (rights of entry) subsection (4) is omitted.

I14235

Section 326 (assumptions as to planning permission in determining value of interests in land) is omitted.

I14336

Section 327 (recovery on subsequent development of payments in respect of war-damaged land) is omitted.

I14437

In section 328(1) (settled land, etc.) for “112, 133 or 327” there is substituted “ or 112 ”.

I145 C1038

In section 336(1) (interpretation) the definitions of “new development” and “previous apportionment” are omitted.

I14639

In Schedule 1 (distribution of functions) in paragraph 16(1) “114” is omitted.

I14740

1

In Schedule 3 (existing use development, etc.), paragraphs 3 to 8, 11 and 14 are omitted.

2

In paragraph 10(2) of that Schedule for “paragraphs 1 and 3” there is substituted “ paragraph 1 ”.

3

In paragraph 13 of that Schedule for sub-paragraph (2) there is substituted—

2
This paragraph does not apply for the purposes of sections 111 and 138.

I14841

In Schedule 16 (provisions referred to in sections 314 to 319)—

a

in Part I for the entry relating to sections 114 and 115 there is substituted— “ Section 115 ”,

b

in Parts III and VI, the entries relating to Schedule 12 are omitted.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

I14942

1

In section 30 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (local planning authorities for compensation purposes), in subsection (1), paragraph (a) is omitted.

2

In subsection (2) of that section “27,” is omitted.

I15043

In section 31(2) and (4) of that Act (general provisions as to compensation for depreciation under this Part) for “27 to”, in both places where it occurs, there is substituted “ 28 and ”.

I15144

In section 32(4) of that Act (purchase notices) for “new development” there is substituted “ development (other than any development specified in paragraph 1 or 2 of Schedule 3 to the principal Act) ”.

I15245

In section 49 of that Act (compensation on compulsory acquisition of building) the words from “other than” to the end are omitted.

I15346

In section 88(4) of that Act (rights of entry) “27,” is omitted.

I15447

1

In section 90 of that Act (financial provisions), in subsection (2) for “27” there is substituted “ 28 ”.

2

In subsection (7)(a) of that section for “27 to” there is substituted “ 28 or ”.

I15548

In section 91(2) of that Act (interpretation) “new development” is omitted.

Planning (Consequential Provisions) Act 1990 (c.11)

I156 C1149

The saving made by paragraph 3 of Schedule 3 to the Planning (Consequential Provisions) Act 1990 (transitional provisions and savings) shall cease to have effect in relation to any right to or claim for or any liability in respect of any payment—

a

under a scheme made under section 59 of the M13Town and Country Planning Act 1947;

b

under any provision of Part I or V of the M14Town and Country Planning Act 1954.

SCHEDULE 7 Planning in England and Wales: Minor and Consequential Amendments

Section 32.

Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)

I157 C121

In section 2(3) of the Agricultural Land (Removal of Surface Soil) Act 1953 for the words from “it was determined” to the end there is substituted “ a certificate was issued under section 192 of the Town and Country Planning Act 1990 that the operations would be lawful. ”

Local Government Act 1972 (c. 70)

I1582

In Part III of Schedule 12A to the Local Government Act 1972, in the definition of “protected informant”, for “172(3)” there is substituted “ 171A ”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

I1593

In section 7(5) of the Local Government (Miscellaneous Provisions) Act 1976 paragraph (a)(iii) is omitted.

Rent (Agriculture) Act 1976 (c.80)

I1604

In section 33(4) of the Rent (Agriculture) Act 1976 for the words from “section 63(2)(b)” to the end there is substituted “ section 73A of the Town and Country Planning Act 1990 ”.

Local Government, Planning and Land Act 1980 (c. 65)

I1615

In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the principal Act there listed: 171C, 173A, 187A, 187B, 196A to 196C and 324(1)(b) and (c) and (7).

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

I1626

In section 33 of the Local Government (Miscellaneous Provisions) Act 1982, in subsection (1) for paragraphs (a) to (c) there is substituted—

a
is executed for the purpose of securing the carrying out of works on land in the council’s area in which the other person has an interest, or
b
is executed for the purpose of regulating the use of or is otherwise connected with land in or outside the council’s area in which the other person has an interest,
and which is neither executed for the purpose of facilitating nor connected with the development of the land in question.

Housing Act 1988 (c. 50)

I1637

In section 67(3A) of the Housing Act 1988 after “104” there is inserted “ 171C, 171D ”.

The principal Act

I1648

The principal Act is amended as follows.

Part I

I1659

1

In section 5(1) for “300 and 324(1)(b) and (c) and (7)” there is substituted “ and 300 ”.

2

In section 5(3)—

a

for “sections 36 to 49, 50(6) to (9), 51” there is substituted “ Part II, sections ”,

b

for “64 to 72” there is substituted “ 65, 69 to 72 ”,

c

for “81” there is substituted “ 79 ”,

d

after “106” there is inserted “ to 106B, 171C ”,

e

after “173” there is inserted “ 173A ”,

f

after “184” there is inserted “ 187A, 187B ”,

g

for “215” there is substituted “ 214, 215 ”,

h

after “299” there is inserted “ 299A ”, and

i

for “316(1) to (3) and 324(1)(a)” there is substituted “ 316 and 324(1) and (7) ”.

Part III

I16610

1

In section 56, in subsection (3) after “87(4)” there is inserted “ 89 ”.

2

In subsection (4) of that section after paragraph (a) there is inserted—

aa
any work of demolition of a building;

I16711

Section 63 is omitted.

I16812

Section 64 is omitted.

I16913

In section 69—

a

in subsection (1) “made to that authority”, and

b

in subsection (3) “made to the authority”,

are omitted.

I17014

In section 70(3) for “sections 65, 66 and 67” there is substituted “ section 65 ”.

I17115

In section 71(4) for the definitions of “agricultural holding” and “owner” there is substituted—

“prescribed” means prescribed by a development order

I17216

1

After section 73 there is inserted—

73A Planning permission for development already carried out.
1
On an application made to a local planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.
2
Subsection (1) applies to development carried out—
a
without planning permission;
b
in accordance with planning permission granted for a limited period; or
c
without complying with some condition subject to which planning permission was granted.
3
Planning permission for such development may be granted so as to have effect from—
a
the date on which the development was carried out; or
b
if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

I17317

In section 74(2) “section 71 of this Act and” is omitted.

I17418

In section 77(4) for “65(2) and (9), 66, 67, 70, 71(1) and (2), 72(1) and (5) and 73” there is substituted “ 70, 72(1) and (5), 73 and 73A ” and at the end there is inserted “ and a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71 ”.

I17519

In section 79(4) for “66, 67, 70, 71(2), 72(1) and (5) and 73” there is substituted “ 70, 72(1) and (5), 73 and 73A ” and at the end there is inserted “ and a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71 ”.

I17620

In section 91(4)(b), for the words from “granted” to the end there is substituted “ granted for development carried out before the grant of that permission ”.

I17721

In section 102, for subsections (4) and (5) there is substituted—

4
The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under section 103.
5
Planning permission for such development may be granted so as to have effect from—
a
the date on which the development was carried out; or
b
if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

Part VII

I17822

In section 174(6) “in writing” is omitted.

I17923

For section 176(1) and (2) there is substituted—

1
On an appeal under section 174 the Secretary of State may—
a
correct any defect, error or misdescription in the enforcement notice; or
b
vary the terms of the enforcement notice,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.
2
Where the Secretary of State determines to allow the appeal, he may quash the notice.
2A
The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

I18024

1

In section 177(1)—

a

for paragraph (a) there is substituted—

a
grant planning permission in respect of the matters stated in the enforcement notice as constituting a breach of planning control, whether in relation to the whole or any part of those matters or in relation to the whole or any part of the land to which the notice relates;

b

for paragraph (c) there is substituted—

c
determine whether, on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which planning permission was granted was lawful and, if so, issue a certificate under section 191.
1A
The provisions of sections 191 to 194 mentioned in subsection (1B) shall apply for the purposes of subsection (1)(c) as they apply for the purposes of section 191, but as if—
a
any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made; and
b
references to the local planning authority were references to the Secretary of State.
1B
Those provisions are: sections 191(5) to (7), 193(4) (so far as it relates to the form of the certificate), (6) and (7) and 194

2

For section 177(3) there is substituted—

3
The planning permission that may be granted under subsection (1) is any planning permission that might be granted on an application under Part III.

3

In section 177(5) for “for the development to which the notice relates” there is substituted “ in respect of the matters stated in the enforcement notice as constituting a breach of planning control ”.

I18125

In section 178(2) “(as defined in section 172(3))” is omitted.

I18226

For section 180 there is substituted—

180 Effect of planning permission, etc., on enforcement or breach of condition notice.
1
Where, after the service of—
a
a copy of an enforcement notice; or
b
a breach of condition notice,
planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.
2
Where after a breach of condition notice has been served any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.
3
The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.

I18327

In section 181—

a

in subsections (1)(a), (4)(b) and (5)(b) for “demolition”, in each place where it occurs, there is substituted “ removal ”;

b

in subsections (3), (4) and (5) for “demolished”, in each place where it occurs, there is substituted “ removed ”; and

c

in subsection (5)(b) for “any of the provisions of section 179(1) to (5)” there is substituted “ section 179(2) ”.

I18428

In section 184—

a

in subsection (4)(b) for “compliance period” there is substituted “ period for compliance with the enforcement notice ”;

b

in subsection (5) for the words from “included” to the end there is substituted “ relevant activities ”;

c

in subsection (8) for “172(6)” there is substituted “ 172 ”.

I18529

In section 186—

a

in subsection (1)(b) for the words from “matters” to the end there is substituted “ any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity ”; and

b

in subsection (1)(c) the words from “or for its retention” to “granted” are omitted;

c

in subsection (2) for the words from “so much” to the end there is substituted “ the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities ”.

I18630

In section 188—

a

after subsection (1)(b) there is inserted

and
c
to breach of condition notices

b

in subsection (2)(a) for “or stop notice” there is substituted “ stop notice or breach of condition notice ”, and

c

in subsection (2)(b) after “stop notices” there is inserted “ and breach of condition notices ”.

I18731

Section 190(4) is omitted.

I18832

In section 195—

a

in subsection (1) for “an established use certificate” there is substituted “ a certificate under section 191 or 192 ”,

b

in subsection (2) for “an established use certificate” there is substituted “ a certificate under section 191 or, as the case may be, 192 ”, and

c

for subsection (4) there is substituted—

4
References in this section to a refusal of an application in part include a modification or substitution of the description in the application of the use, operations or other matter in question.

I18933

In section 196—

a

in subsection (1) “an application referred to him under section 192(5) or” is omitted and for “applicant or appellant (as the case may be)” there is substituted “ appellant ”,

b

in subsection (2) for “an established use certificate on such a reference or” there is substituted “ a certificate under section 191 or 192 on ”,

c

in subsection (3) “application or” is omitted,

d

in subsection (4) for “established use certificates” there is substituted “ certificates under section 191 or 192 ”, and

e

subsections (5) to (7) are omitted.

Part VIII

I19034

In section 198(4)(a) “to 68” is omitted.

I19135

In section 216(6) for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.

I19236

Section 219(6) is omitted.

I19337

In section 220(3)(a) “to 68” is omitted.

I19438

In section 224(3) for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.

Part X

I19539

Section 250(2) is omitted.

Part XI

I19640

Section 266(3) is omitted.

Part XII

I19741

In section 284(3)(g) the words from “on an application” to “or” are omitted.

I19842

In section 285—

a

in subsection (1) “Subject to the provisions of this section” is omitted;

b

in subsection (2) “(6) to (8)” is omitted; and

c

subsections (5) and (6) are omitted.

I19943

In section 286—

a

in subsection (1), paragraph (b) is omitted and in paragraph (c) for “an established use certificate under section 192” there is substituted “ a certificate under section 191 or 192 ”, and

b

in subsection (2), after “183” there is inserted “ or a breach of condition notice under section 187A ”.

I20044

Section 290 is omitted.

Part XIII

I20145

1

In section 296, in subsection (1)(c) after “VII” there is inserted “ except sections 196A and 196B ”.

2

In subsection (2)(a) of that section for “172” there is substituted “ 171C, 172, 173A, 183, 187A, 187B ”.

I20246

1

Section 299 is amended as follows.

2

In subsection (1) for “determination under section 64” there is substituted “ certificate under section 192 ”.

3

In subsection (2) for “or determination” there is substituted “ or certificate ”.

4

For subsection (4) there is substituted—

4
Any application made by virtue of this section for a certificate under section 192 shall be determined as if the land were not Crown land.

5

In subsection (5)(a) for “determinations” there is substituted “ certificates ”.

6

In subsection (6) for “determination” there is substituted “ certificate ”.

Part XIV

I20347

In section 306(2)(b) and (3) after “VII”, in both places where it occurs, there is inserted “ except sections 196A and 196B ”.

Part XV

I20448

After section 316 there is inserted—

316A Local 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.

I20549

For section 319 there is substituted—

319 The 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.

I20650

1

Section 325 is amended as follows.

2

In subsection (1)(a) after “authority” there is inserted “ and state the purpose of his entry ”.

3

In subsection (2), for “level 2” there is substituted “ level 3 ”.

4

In subsection (4), for “premises” there is substituted “ land ”.

I20751

At the end of section 329 there is inserted—

4
This section is without prejudice to section 233 of the M15Local Government Act 1972 (general provisions as to service of notices by local authorities).

I20852

1

Section 336 is amended as follows.

2

In subsection (1)—

a

after the definition of “authority to whom Part II of the 1959 Act applies” there is inserted—

“breach of condition notice” has the meaning given in section 187A;
“breach of planning control” has the meaning given in section 171A

b

at the end of the definition of “buildings or works” there is inserted “ and references to the removal of buildings or works include demolition of buildings and filling in of trenches ”; and

C13c

for the definition of “building operations” there is substituted—

“building operations” has the meaning given by section 55

d

the definition of “established use certificate” is omitted,

e

in the definition of “owner” the words “(except in sections 66, 67 and 71)” are omitted,

f

after the definition of “the planning Acts” there is inserted—

“planning contravention notice” has the meaning given in section 171C

g

in the definition of “planning permission” the words from “and in construing” to the end are omitted.

3

In subsection (9) for “in Part V of Schedule 16” there is substituted “ of Parts III, VII and VIII ” and “(1) to (3)” is omitted.

4

In subsection (10) for “sections 324(2) and” there is substituted “ section ”.

Schedules

I20953

1

Schedule 1 is amended as follows.

2

For paragraph 3(1)(b) and (c) there is substituted—

b
applications for a certificate under section 191 or 192

3

In paragraph 4(2) for “such application relating” there is substituted “ application for planning permission, for a certificate under section 191 or 192 or for consent to the display of advertisements under section 220, relating in each case ”.

4

In paragraph 7(1) for “sections 70 and 71” there is substituted “ section 70 ”.

5

For paragraph 8 there is substituted—

8
1
A local planning authority who have the function of determining applications for planning permission shall, if requested to do so by the council of any parish or community situated in their area, notify the council of—
a
any relevant planning application; and
b
any alteration to that application accepted by the authority.
2
In sub-paragraph (1) “a relevant planning application” means an application which—
a
relates to land in the parish or community; and
b
is an application for—
i
planning permission; or
ii
approval of a matter reserved under an outline planning permission within the meaning of section 92.
3
Any request made for the purposes of sub-paragraph (1) shall be in writing and state that the council wishes to be notified of all relevant applications or all applications of a description specified in the request.
4
An authority shall comply with the duty to notify a council of an application by—
a
sending the council a copy of the application; or
b
indicating to the council the nature of the development which is the subject of the application and identifying the land to which it relates,
and any notification falling within paragraph (b) shall be in writing.
5
An authority shall comply with their duty to notify a council of an alteration by—
a
sending a copy of the alteration to the council; or
b
informing the council in writing of its general effect,
but they need not notify a council of an alteration which in their opinion is trivial.
6
A development order may require a local planning authority which is dealing with an application of which a council is entitled to be notified—
a
to give the council an opportunity to make representations to them as to the manner in which the application should be determined;
b
to take into account any such representations;
c
to notify the council of the terms of their decision or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.

6

In paragraph 11(1)(b), after “serving” there is inserted “ planning contravention notices under section 171C or ” and after “section 183” there is inserted “ or breach of condition notices under section 187A ”.

7

After paragraph 12 there is inserted—

12A
The functions of a local planning authority under section 187B are exercisable by any body having the function of taking enforcement action in respect of the breach in question

8

In paragraph 20, in sub-paragraph (1), for “100(3), 104(3) or 202(1)” there is substituted “ 100(3), 104(3), 196A(3), 202(1) or 214B(6) ”.

9

For sub-paragraph (3) of that paragraph there is substituted—

3
In relation to land in the area of a joint planning board, a person entering into a planning obligation under section 106 or 299A may identify the council of the county in which the land is situated as the authority by whom the obligation is enforceable.

I21054

1

Schedule 6 is amended as follows.

2

In paragraph 1(1), after “78” there is inserted “ 106B ”.

3

In paragraph 2—

a

in sub-paragraph (1)(a), for “subsections (1) and (4)” there is substituted “ subsections (1), (4) and (6A) ”,

b

after that sub-paragraph there is inserted—

aa
in relation to an appeal under section 106B, as he has under that section

c

in sub-paragraph (1)(b), after “(2)” there is inserted “ to (2A) ”;

d

in sub-paragraph (1)(c) “and subsection (5) of section 196” is omitted;

e

in sub-paragraph (1)(d) for “and (8)” there is substituted “ to (8A) ”;

f

in sub-paragraph (2) after “79(2)” there is inserted “ 106B(4) ”; and

g

in sub-paragraph (8) “or 290” is omitted.

4

In paragraphs 3(2) and 4(2) after “under” there is inserted “ any provision of a development order made by virtue of ”.

I21155

In Schedule 8, in paragraphs 3(2) and 4(5)(a) for “section 71(1) or (2)” there is substituted “ any provision of a development order made by virtue of section 71(2)(a) ”.

I21256

In Schedule 13, in paragraph 5, for “functions of a government department, local authority or statutory undertakers” there is substituted “ such functions as are mentioned in paragraph 1(a)(i) or (ii). ”

I21357

1

Schedule 16 is amended as follows.

2

In Part I—

a

in the entry relating to sections 61 to 64 for “to 64” there is substituted “ and 62 ”,

b

after the entry for section 70 there is inserted— “ Section 70A. ”,

c

after the entry relating to section 72(1) to (4) there is inserted— “ Section 73A. ”,

d

in the entry relating to section 77, “(2) and (9), 66 and 67” is omitted,

e

in the entry relating to sections 78 and 79, the words from “with” to the end are omitted,

f

for the entry relating to section 106 there is substituted— “ Sections 106 to 106B. ”,

g

after the entry relating to section 190 there is inserted—

Section 192.
Sections 196A to 196C.

h

after the entry relating to section 211(4) there is inserted— “ Sections 214A to 214D. ”,

i

in the entry relating to section 285, “except subsections (5) and (6)” is omitted,

j

in the entry relating to section 296, for “sections 65 to 68” there is substituted “ section 65 ”, and

k

for the entry relating to section 316 there is substituted— “ Sections 316 and 316A. ”

3

In Part II—

a

for the entries relating to sections 65 and 68 there is substituted— “ Section 65. ”,

b

in the entry for section 79 for “and” there is substituted “ to ”,

c

after the entry relating to section 166 there is inserted— “ Sections 171A to 171D. ”,

d

for the entry relating to section 187 there is substituted— “ Sections 187 to 187B. ”

4

In Part III—

a

for the first three entries there is substituted— “ Sections 109 to 112. ”,

b

the entries relating to sections 312(2) and 324(4) are omitted, and

c

for the entry relating to sections 327 and 328 there is substituted— “ Section 328. ”

5

Parts IV and V are omitted.

6

In Part VI—

a

for the entries relating to sections 65 to 68 there is substituted— “ Section 65. ”,

b

in the entry relating to section 71 for “and (2)” there is substituted “ (2) and (2A) ”,

c

for the entry relating to sections 290 and 291 there is substituted— “ Section 291. ”, and

d

in the entry relating to section 296 for “sections 65 to 68” there is substituted “ section 65 ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

I21458

In section 59(4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.

I21559

For section 67(8) of that Act there is substituted—

8
In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act.

I21660

For section 73(2) of that Act there is substituted—

2
In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act.

I21761

For paragraph 3 of Schedule 4 to that Act (distribution of functions: National Parks) there is substituted—

3
Where an application for listed building consent under section 10 relating to land in a National Park falls to be determined by a county planning authority, that authority—
a
shall send a copy of the application, as soon as practicable and in any event not later than seven days after they have received it, to the district planning authority for the area in which the land to which the application relates is situated; and
b
shall before determining the application consult the district planning authority.

F2SCHEDULE 8

Annotations:

Amendments (Textual)

Sch. 8-11 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I (with s. 5, Sch. 3)

I3091

The 1972 Act is amended as follows.

I3102

In section 27A (aftercare conditions on permission for winning and working of minerals)—

a

in subsection (1) after “minerals" there is inserted “ or involving the depositing of refuse or waste materials ”;

b

in subsection (2) for “operations for the winning and working of minerals have been completed" there is substituted “ the winning and working is completed or the depositing has ceased ”; and

c

in subsection (18) for the words from “carried out" to “under the land" there is substituted “ won and worked minerals or deposited refuse or waste materials ”.

I3113

In section 38(3) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (bb) there is substituted—

bb
to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—
i
the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or
ii
the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;

I3124

1

In section 41A (limit of duration of planning permission for winning and working of minerals), in subsection (1) for “consisting of the winning and working of minerals" there is substituted

—
a
consisting of the winning and working of minerals; or
b
involving the depositing of mineral waste,

2

In subsections (2), (3) and (5) of that section for “development", in each place where it occurs, there is substituted “ winning and working of minerals or the depositing of mineral waste ”.

3

In subsections (6) and (7) of that section the words “consisting of the winning and working of minerals" in both places where they occur, are omitted.

I3135

1

Section 49 (discontinuance orders, etc.) is amended as follows.

2

In subsection (1A), after “minerals" there is inserted “ or involving the deposit of refuse or waste materials ”.

3

In subsection (1B), for “of minerals" there is substituted “ or depositing ”.

4

In subsection (1C), after “minerals" there is inserted “ or involving the deposit of refuse or waste materials ”.

5

For subsection (1E) there is substituted—

1E
An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—
a
required by section 41A of this Act; or
b
specified in the order.

6

In subsection (1F), for the words from “before" to “under it" there is substituted “ before the development began ”.

7

In subsection (7) at the beginning there is inserted “ Subject to subsection (7A) of this section, ”.

8

After subsection (7) there is inserted—

7A
Subsection (7) of this section does not apply where the order under this section relates to the discontinuance of a use of land consisting of the winning and working of minerals or involving the deposit of refuse or waste materials.

I3146

1

For subsections (1) to (3) of section 49A (prohibition of resumption of winning and working of minerals) there is substituted—

1
Where it appears to the planning authority—
a
that development of land—
i
consisting of the winning and working of minerals; or
ii
involving the depositing of mineral waste,
has occurred; but
b
the winning and working or depositing has permanently ceased,
the planning authority may by order—
i
prohibit the resumption of the winning and working or the depositing; and
ii
impose, in relation to the site, any such requirement as is specified in subsection (3) of this section.
2
The planning authority may assume that the winning and working or the depositing has permanently ceased only when—
a
no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and
b
it appears to the planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.
3
The requirements mentioned in subsection (1) of this section are—
a
a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;
b
a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;
c
a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and
d
a restoration condition.

2

At the end of subsection (11) of that section there is inserted “ or involving the depositing of mineral waste ”.

I3157

For subsections (1) to (3) of section 49B (orders after suspension of winning and working of minerals) there is substituted—

1
Where it appears to the planning authority—
a
that development of land—
i
consisting of the winning and working of minerals; or
ii
involving the depositing of mineral waste,
has occurred; but
b
the winning and working or depositing has been temporarily suspended,
the planning authority may by order (in this Act referred to as a “suspension order") require that steps be taken for the protection of the environment.
2
The planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—
a
no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least 12 months; but
b
it appears to the planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.
3
In this Act “steps for the protection of the environment” means steps for the purpose—
a
of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended;
b
of protecting that area from damage during that period; or
c
of preventing any deterioration in the condition of the land during that period.

I3168

In section 49F (resumption of winning and working of minerals after suspension order)—

a

in subsection (1), for “in, on or under the land" there is substituted “ or involving the depositing of mineral waste at the site ”;

b

in subsection (2) for “development consisting of the winning and working of minerals" there is substituted “ the development ”;

c

for subsection (3) there is substituted—

3
The planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.

d

for subsection (7) there is substituted—

7
If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.

I3179

In sections 100(1)(b) (enforcement of orders under sections 49, 49A and 49B) and 251(1) (power to modify Act in relation to minerals) after “minerals" there is inserted “ or involving the depositing of mineral waste ”.

I31810

Sections 153A, 159A and 159B are omitted.

I31911

For section 167A there is substituted—

167A Regulations as to compensation in respect of orders relating to mineral working.
1
The Secretary of State may by regulations made with the consent of the Treasury provide, in relation to orders made under—
a
section 42 of this Act modifying planning permission for development consisting of the winning or working of minerals or involving the depositing of mineral waste; or
b
section 49, 49A or 49B of this Act with respect to such winning and working or depositing,
that sections 153, 159, 167, 226 and 227 of this Act shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.
2
Without prejudice to the generality of subsection (1) of this section, regulations made by virtue of this section may make provision—
a
as to circumstances in which compensation is not to be payable;
b
for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;
c
for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,
and may also make different provision for different cases, and incidental or supplementary provision.
3
No regulations under this section shall have effect until approved by a resolution of each House of Parliament.
4
Before making any such regulations, the Secretary of State shall consult such persons as appear to him to be representative—
a
of persons carrying out mining operations;
b
of owners of interests in land containing minerals;
c
of planning authorities.

I32012

Sections 167B and 167C are omitted.

I32113

In section 251(1A) (power to modify Act in relation to minerals) the definition of “development consisting of the winning and working of minerals" is omitted.

I32214

For section 251A (duty of planning authorities to review mineral workings) there is substituted—

251A Reviews of mineral workings by planning authorities.
1
Every planning authority shall undertake periodic reviews about the winning and working of minerals, and the depositing of mineral waste, in their area.
2
Subject to regulations made by virtue of subsection (4) of this section, the duty under this section is, at such intervals as they think fit—
a
to review every mining site in their area; and
b
to consider whether they should make an order under section 42, 49, 49A or 49B of this Act, and if they do consider that they should make any such order, to make it.
3
For the purposes of subsection (2) “a mining site” means a site which—
a
is being used for the winning and working of minerals or the depositing of mineral waste;
b
has been so used at any time during—
i
the period of five years preceding the date of the beginning of the review; or
ii
such other period preceding that date as may be prescribed; or
c
is authorised to be so used.
4
If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.

I32315

In section 275(1) (interpretation)—

a

after the definition of “conservation area" there is inserted—

“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;

b

the definition of “development consisting of the winning and working of minerals" is omitted;

c

the definition of “mineral compensation modifications" is omitted;

d

in the definition of “minerals" for “minerals and substances in or under land" there is substituted “ substances ”;

e

the definitions of “relevant order", “restrictions on the winning and working of minerals" and “special consultations" are omitted; and

f

at the end there is inserted—

“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.

F3SCHEDULE 9

Annotations:

Amendments (Textual)

Sch. 8-11 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I (with s. 5, Sch. 3)

The following Schedule shall be inserted as Schedule 10A to the 1972 Act—

Registration of old mining permissions
Application for registration
1
1
Any person who is an owner of any land to which an old mining permission relates, or is entitled to an interest in a mineral to which such a permission relates, may apply to the planning authority for the permission to be registered.
2
The application must specify the development which the applicant claims is authorised by the permission, including the land to which the permission relates, and the conditions (if any) to which the permission is subject.
3
The application must be served on the planning authority before the end of the period of six months beginning with the day on which this Schedule comes into force.
4
On an application under this paragraph, the planning authority must—
a
if they are satisfied that (apart from section 49H(3) of this Act) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—
i
the area of land to which the permission relates, and
ii
the conditions (if any) to which the permission is subject,
and grant the application; and
b
in any other case, refuse the application.
5
Where—
a
application has been made under this paragraph, but
b
the planning authority have not given the applicant notice of their determination within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority),
the application is to be treated for the purposes of section 49H of this Act and this Schedule as having been refused by the authority.
Determination of conditions
2
1
The conditions to which an old mining permission is to be subject—
a
may include any conditions which may be imposed on a grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste,
b
may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 1(4)(a) above, and
c
must include a condition that the winning and working of minerals or depositing of mineral waste must cease not later than 21st February 2042.
2
Where an application for the registration of an old mining permission has been granted, any person who is an owner of any land to which the permission relates, or is entitled to an interest in a mineral to which the permission relates, may apply to the planning authority to determine the conditions to which the permission is to be subject.
3
The application must set out proposed conditions.
4
The application must be served on the planning authority—
a
after the date mentioned in sub-paragraph (5) below, and
b
except where section 49H(3) of this Act applies, before the end of the period of twelve months beginning with that date or such extended period as may at any time be agreed upon in writing between the applicant and the authority.
5
The date referred to in sub-paragraph (4) above is—
a
the date on which the application for registration is granted by the planning authority, if no appeal is made to the Secretary of State under paragraph 5 below, and
b
in any other case, the date on which the application for registration is finally determined.
6
On an application under this paragraph—
a
the planning authority must determine the conditions to which the permission is to be subject, and
b
if, within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority) the authority have not given the applicant notice of their determination, the authority shall be treated for the purposes of section 49H of this Act and this Schedule as having determined that the permission is to be subject to the conditions set out in the application.
7
The condition to which an old mining permission is to be subject by reason of sub-paragraph (1)(c) above is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 27(1)(b) of this Act (planning permission granted for a limited period).
8
This paragraph does not apply to an old mining permission which has ceased to have effect since the application under paragraph 1 above was granted.
Registration
3
1
Where an application for the registration of an old mining permission is granted, the permission must be entered in the appropriate part of the register kept under section 31 of this Act and the entry must specify the area of land ascertained under paragraph 1(4)(a) above.
2
Where an application to determine the conditions to which an old mining permission is to be subject is finally determined, the conditions must be entered in the appropriate part of that register.
3
The matters required to be entered in the register under this paragraph must be entered as soon as reasonably practicable.
General provisions about applications
4
1
An application under paragraph 1 or 2 above is an application which is—
a
made on an official form, and
b
accompanied by an appropriate certificate.
2
The applicant must, so far as reasonably practicable, give the information required by the form.
3
Where the planning authority receive an application under paragraph 1 or 2 above, they must as soon as reasonably practicable give to the applicant a written acknowledgement of the application.
4
Where the planning authority determine an application under either of those paragraphs, they must as soon as reasonably practicable give written notice of their determination to the applicant.
5
An appropriate certificate is such a certificate—
a
as would be required under sections 23 or 24 of this Act to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; but
b
with such modifications as are required for the purposes of this Schedule.
6
Sections 23(3) and 24(6) of this Act (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate.
Right of appeal
5
1
Where the planning authority—
a
refuse an application under paragraph 1 above, or
b
in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application,
the applicant may appeal to the Secretary of State.
2
Where on an application under paragraph 2 above, the planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State.
3
An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State.
4
In the case of an appeal under sub-paragraph (1) above, the notice must be given to the Secretary of State before the end of the period of three months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 1(5) above, beginning at the end of the period or extended period referred to in paragraph 1(5)(b).
5
In the case of an appeal under sub-paragraph (2) above, the notice must be given to the Secretary of State before the end of the period of six months beginning with the determination.
6
A notice of appeal under this paragraph is a notice which—
a
is made on an official form, and
b
is accompanied by an appropriate certificate.
7
The appellant must, so far as reasonably practicable, give the information required by the form.
8
Paragraph 4(5) and (6) above shall apply for the purposes of sub-paragraph (7) above as it applies for the purposes of paragraph 4(1) above.
Determination of appeal
6
1
On an appeal under paragraph 5 above the Secretary of State may—
a
allow or dismiss the appeal, or
b
reverse or vary any part of the decision of the planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to him in the first instance.
2
Before determining such an appeal the Secretary of State must, if either the appellant or the planning 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.
3
If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—
a
give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and
b
if the appellant fails to take those steps within that period, dismiss the appeal accordingly.
4
The decision of the Secretary of State on such an appeal shall be final.
Reference of applications to Secretary of State
7
1
The Secretary of State may give directions requiring applications under this Schedule to any planning authority to be referred to him for determination instead of being dealt with by the authority.
2
The direction may relate either to a particular application or to applications of a class specified in the direction.
3
Where an application is referred to him under this paragraph—
a
subject to paragraph (b) and sub-paragraph (4) below, the following provisions of this Schedule—
i
paragraph 1(1) to (4),
ii
paragraph 2(1) to (6)(a), (7) and (8),
iii
paragraphs 3 and 4, and
iv
paragraphs 8 to 10,
shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the planning authority,
b
before determining the application the Secretary of State must, if either the applicant or the planning 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, and
c
the decision of the Secretary of State on the application shall be final.
4
Where an application under paragraph 1 above is so referred to him, paragraph 2(5) above shall apply as if for paragraphs (a) and (b) there were substituted “the date on which the application for registration is finally determined".
Two or more applicants
8
1
Where a person has served an application under paragraph 1 or 2 above in respect of an old mining permission—
a
he may not serve any further application under the paragraph in question in respect of the same permission, and
b
if the application has been determined, whether or not it has been finally determined, no other person may serve an application under the paragraph in question in respect of the same permission.
2
Where—
a
a person has served an application under paragraph 1 or 2 above in respect of an old mining permission, and
b
another person duly serves an application under the paragraph in question in respect of the same permission,
then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application served on the date on which the later application was served and references to the applicant shall be read as references to either or any of the applicants.
Application of provisions relating to planning permission
9
1
Subject to paragraph 3 above, section 31 of this Act (registers of applications, etc.), and any provision of regulations under this Act or a development order made by virtue of that section, shall have effect with any necessary modifications as if references to applications for planning permission included applications under paragraph 1 or 2 above.
2
Where the planning authority is not the authority required to keep the register under that section, the planning authority must provide the authority required to keep the register with such information and documents as that authority requires to comply with paragraph 3 above and with that section as applied by this paragraph.
3
Sections 231 and 233 of this Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 231(3) included any decision of the Secretary of State on an appeal under paragraph 5 above or on an application referred to him under paragraph 7 above.
Interpretation
10
1
In this Schedule—
“official form” means, in relation to an application or appeal, a document supplied by or on behalf of the Secretary of State for use for the purpose in question, and
“owner” in relation to any land means any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired portion of which is not less than seven years.
2
For the purposes of section 49H of this Act and this Schedule, an application under paragraph 1 or 2 above is finally determined when the following conditions are met—
a
the proceedings on the application, including any proceedings on or in consequence of an application under section 233 of this Act, have been determined, and
b
any time for appealing under paragraph 5 above, or applying or further applying under that section, (where there is a right to do so) has expired.

F4SCHEDULE 10

Annotations:

Amendments (Textual)

Sch. 8-11 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I (with s. 5, Sch. 3)

The 1972 Act

I2961

The 1972 Act is amended as follows.

I2972

For section 53(5) (offences: penalties) there is substituted—

5
A person who is guilty of an offence under this section shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000, or both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;
and 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.

I3053

In section 56L(4) (offences)—

a

for “the statutory maximum" there is substituted “ £20,000 ”; and

b

for the words following paragraph (b) there is substituted—

4A
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.

I2984

In section 92, (power to serve listed buildings enforcement notice)—

a

subsection (1)(c) is omitted; and

b

for subsection (4) there is substituted—

4
A listed building enforcement notice—
a
shall specify the date upon which it is to take effect, and, subject to section 93(3) of this Act, shall take effect on that date, and
b
shall specify the period within which any steps are required to be taken and may specify different periods for different steps,
and, where different periods apply to different steps, references in this Part of this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.

I2995

For section 92(5) of that Act (withdrawal of notices) there is substituted—

5
The planning authority may—
a
withdraw a listed building enforcement notice (without prejudice to their power to issue another); or
b
waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 92(4) of this Act,
and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.
5A
The planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it

I3006

1

Section 93 (appeals) is amended as follows.

2

In subsection (1)—

a

for paragraph (b) there is substituted—

b
that the matters alleged to constitute a contravention of section 53(1) or (4) of this Act have not occurred;
ba
that those matters (if they occurred) do not constitute such a contravention;

b

paragraph (k) is omitted.

3

For subsection (2) of that section there is substituted—

2
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 listed building 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.

4

In subsection (4) (power to correct notice on appeal), for paragraph (a) there is substituted—

a
the Secretary of State may—
i
correct any defect, error or misdescription in the listed building enforcement notice; or
ii
vary the terms of the listed building enforcement notice,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

5

In subsection (5), the words “or for varying the terms of the notice in favour of the appellant" are omitted.

I3017

For section 94 (penalties for non-compliance with listed building enforcement notice) there is substituted—

94 Offence where listed building enforcement notice not complied with.
1
Where, after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is for the time being owner of the land is in breach of the duty under this subsection.
2
If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.
3
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.
4
In proceedings against any person for an offence under this section, it shall be a defence for him to show—
a
that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or
b
that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.
5
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.
6
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.

I3028

In section 95 (execution and cost of works required by listed building enforcement notice), at the end there is inserted—

4
Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

I3069

1

In section 97B (power to issue hazardous substances contravention notice)—

a

in subsection (3)(b) after “remedy" there is inserted “ wholly or partly ”, and

b

in subsection (8) after “before" there is inserted “ or after ”, and

c

at the end of subsection (9) there is inserted “ or would, if the notice were re-issued, be served with a copy of it ”.

I30310

After section 97A there is inserted—

97AB Further provision as to rights of entry in relation to listed buildings.
1
The provisions of this section and of section 97AC of this Act shall apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to listed buildings and listed buildings control.
2
If the sheriff is satisfied—
a
that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; 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,
he may issue a warrant authorising any person duly authorised in writing to enter the land.
3
For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
4
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.
97AC Rights of entry in relation to listed buildings: supplementary provisions.
1
Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (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
Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land.
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 moveable property 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; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.
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
No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section.
9
The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if—
a
the land in question is held by statutory undertakers; and
b
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.
10
Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act.

I30711

After section 97B there is inserted—

97BA Variation of hazardous substances contravention notices.
1
A planning authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 97B(5)(b) of this Act in the notice.
2
The powers conferred by subsection (1) of this section may be exercised before or after the notice takes effect.
3
The planning authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.
97BB Further provision as to rights of entry in relation to hazardous substances control.
1
The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control.
2
If the sheriff is satisfied—
a
that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; 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,
he may issue a warrant authorising any person duly authorised in writing to enter the land.
2
For the purposes of subsection (2)(b)(i) of this section 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.
97BC Rights of entry in relation to hazardous substances control: supplementary provisions.
1
A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97BB of this Act (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 moveable property 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; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.
4
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.
5
Subsection (4) 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.
6
A person who is guilty of an offence under subsection (4) 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.
7
The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 265(8) of this Act if—
a
the land in question is held by statutory undertakers; and
b
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.
8
Section 213(1) of this Act applies for the purposes of subsection (7) of this section as it applies for the purposes of section 266(6)(b) of this Act.

I30412

In section 265 (rights of entry)—

a

in subsection (2), for “thereon" there is substituted “ on that or any other land ”; and

b

in subsection (3), for “the land" there is substituted “ that or any other land ”.

Local Government, Planning and Land Act 1980 (c. 65)

I30813

In Part I of Schedule 30 to the Local Government, Planning and Land Act 1980, the following is inserted at the appropriate place among the provisions there listed: 97AB.

F5SCHEDULE 11

Annotations:

Amendments (Textual)

Sch. 8-11 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I (with s. 5, Sch. 3)

Part I Modification of Procedure for Making or Altering Schemes

Procedure before and after deposit of proposals

1

In Schedule 6A to the 1972 Act (simplified planning zones) for paragraphs 5 and 6 there is substituted—

5 Steps to be taken before depositing proposals
1
A planning authority proposing to make or alter a simplified planning zone scheme shall, before determining the content of their proposals, comply with this paragraph.
2
They shall—
a
consult—
i
the Secretary of State; and
ii
any local roads authority in whose area the proposed zone or any part of it lies,
as to the effect any proposals they may make might have on existing or future roads; and
b
consult or notify such persons as regulations may require them to consult or, as the case may be, notify.
3
They shall take such steps as may be prescribed, or as the Secretary of State may in a particular case direct, to publicise—
a
the fact that they propose to make or alter a simplified planning zone scheme, and
b
the matters which they are considering including in the proposals.
4
They shall consider any representations that are made in accordance with regulations.
6Procedure after deposit of proposals
Where a planning authority have prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, they shall—
a
make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed;
b
take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected;
c
take such steps as may be prescribed for inviting representations or objections to be made within such period as may be prescribed; and
d
send a copy of the proposed scheme or alterations to the Secretary of State and to any local roads authority whom they have consulted under paragraph 5(2)(a) of this Schedule.

Dealing with objections, etc.

2

1

For paragraph 7(1) to (3) (objections: local inquiry or other hearing) there is substituted—

7 Procedure for dealing with objections
1
Where objections to the proposed scheme or alterations are made, the planning authority may—
a
for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or
b
require the objections to be considered by a person appointed by the Secretary of State.
2
A planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.

2

For paragraph 10(3) and (4) (consideration of objections, etc., by Secretary of State) there is substituted—

3
Where on taking the proposals into consideration the Secretary of State does not determine then to reject them he shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which—
a
have already been considered by the planning authority or by a person appointed by the Secretary of State, or
b
have already been considered at a local inquiry or other hearing.
4
The Secretary of State may—
a
for the purpose of considering any objections and the views of the planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or
b
require such objections and views to be considered by a person appointed by him.
5
In considering the proposals the Secretary of State may consult with, or consider the views of, any planning authority or any other person; but he need not do so, or give an opportunity for the making or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3) of this paragraph.

Part II Minor and Consequential Amendments

3

Schedule 6A to the 1972 Act is amended as follows.

4

At the end of paragraph 4(1) there is added “ and, in either case, requires the planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme. ”

5

In paragraph 7(4) for “to hold a local inquiry or other hearing" there is substituted “ for the purposes of this paragraph ”.

6

For paragraph 8(1) there is substituted—

1
After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 7, the planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and of paragraph 9 of this Schedule)

7

In paragraph 9(2)(a) after “hearing" there is inserted “ or any consideration of objections ”.

8

For paragraph 11(1) there is substituted—

11
1
Where—
a
a planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and
b
the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme,
he may himself make a scheme or, as the case may be, the alterations.

9

In paragraph 12(2)—

a

after paragraph (b) there is inserted—

bb
make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations;

b

in paragraph (e) the words from “for the purpose" to “5(3)" are omitted.

I225SCHEDULE 12 Planning Compensation Repeals: Minor and Consequential Amendments - Scotland

Section 60.

Annotations:

Commencement Information

I225

Sch. 12 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3.

Land Compensation (Scotland) Act 1963 (c.51)

I2181

In section 23 of the Land Compensation (Scotland) Act 1963 (assumptions not directly derived from development plans)—

a

for subsection (3) there is substituted—

3
Subject to subsection (4) of this section, it shall be assumed that, in respect of the relevant land or any part of it, planning permission would be granted—
a
subject to the condition set out in Schedule 16 to the Town and Country Planning (Scotland) Act 1972, for any development of a class specified in paragraph 1 of Schedule 6 to that Act; and
b
for any development of a class specified in paragraph 2 of Schedule 6 to that Act.

b

in subsection (4), paragraphs (a) and (b) are omitted.

2 Gas Act 1965 (c. 36)

I2192

In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.

Public Expenditure and Receipts Act 1968 (c.14)

I2203

In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (a) is omitted.

Post Office Act 1969 (c.48)

I2214

In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for “Parts VII and XII of the Town and Country Planning (Scotland) Act 1972” there is substituted “ Part XII of the Town and Country Planning (Scotland) Act 1972 ”.

Land Compensation (Scotland) Act 1973 (c. 56)

I2225

1

In section 5 of the Land Compensation (Scotland) Act 1973 (assessment of compensation: assumptions as to planning permission)—

a

for subsection (2) there is substituted—

3
Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists (“the relevant land”) or any part of it, planning permission would be granted—
a
subject to the condition set out in Schedule 16 to the Town and Country Planning (Scotland) Act 1972, for any development of a class specified in paragraph 1 of Schedule 6 to that Act; and
b
for any development of a class specified in paragraph 2 of Schedule 6 to that Act.

b

in subsection (3), paragraphs (a) and (b) are omitted.

2

This paragraph shall have effect, or be treated as having had effect, where the relevant date for the purposes of Part I of the Land Compensation (Scotland) Act 1973 fell or falls on or after 16th November 1990.

The 1972 Act

F66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1010

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1313

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F1414

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1515

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F1616

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1717

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1818

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1919

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2020

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2222

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2323

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2424

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2525

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2626

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2727

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2828

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2929

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3030

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3131

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3232

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3333

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Aviation Act 1982 (c. 16)

I22334

In section 53(1)(a) of the Civil Aviation Act 1982 “158,” is omitted.

Airports Act 1986 (c.31)

I22435

In section 61(1)(a) of the Airports Act 1986 “158,” is omitted.

SCHEDULE 13 Planning in Scotland: Minor and Consequential Amendments

Section 61.

Agricultural Land (Removal of Surface Soil) Act 1953 (c.10.)

I2261

For section 4 (application to Scotland) of the Agricultural Land (Removal of Surface Soil) Act 1953 there is substituted—

4
In the application of this Act to Scotland, for the references to the Town and Country Planning Act 1990, to Part III of that Act, and to section 192 of that Act, there shall be substituted references to the Town and Country Planning (Scotland) Act 1972, to Part III of that Act, and to section 90A of that Act.

The 1972 Act

F342

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F353

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F364

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F375

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F386

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F397

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F408

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F419

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F4210

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F4311

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F4412

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F4513

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F4614

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F4715

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F4816

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F4917

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F5018

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F5119

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F5220

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F5321

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F5422

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F5523

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F5624

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F5725

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F5826

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F5927

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F6028

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F6129

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F6230

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F6331

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F6432

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F6533

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F6634

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F6735

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F6836

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F6937

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F7038

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F7139

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F7240

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F7341

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F7442

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F7543

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Local Government (Scotland) Act 1973 (c.65)

F7644

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Local Government, Planning and Land Act 1980 (c.65)

F7745

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F7846

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Town and Country Planning Act 1984 (c.10)

F7947

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SCHEDULE 14 Compensation where Permission for Additional Development Granted after Acquisition

Section 66.

I2271

After section 22 of the M16Land Compensation Act 1961 there is inserted—

Part IV Compensation where Permission for Additional Development Granted after Acquisition
23 Compensation where planning decision made after acquisition.
1
Where—
a
any interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers and, before the end of the period of ten years beginning with the date of completion, a planning decision is made granting permission for the carrying out of additional development of any of the land; and
b
the principal amount of the compensation which was payable in respect of the compulsory acquisition or, in the case of a sale by agreement, the amount of the purchase price, was less than the amount specified in subsection (2) of this section,
then, subject to the following provisions of this section, the person to whom the compensation or purchase price was payable shall be entitled, on a claim duly made by him, to compensation from the acquiring authority of an amount equal to the difference.
2
The amount referred to in subsection (1)(b) of this section is the principal amount of the compensation which would have been payable in respect of a compulsory acquisition of the interest by the acquiring authority, in pursuance of a notice to treat served on the relevant date if—
a
the planning decision mentioned in subsection (1)(a) of this section had been made before that date; and
b
the permission granted by it had been in force on that date.
3
No compensation shall be payable by virtue of this section in respect of a planning decision in so far as it relates to land acquired by the acquiring authority, whether compulsorily or by agreement—
a
under section 142 or 143 of the Local Government, Planning and Land Act 1980 (acquisitions by urban development corporations and by highway authorities in connection with urban development areas);
b
under the New Towns Act 1981 (acquisitions by development corporations and by highway authorities in connection with new town areas); or
c
where the compulsory purchase order included a direction under section 50 of the M17Planning (Listed Buildings and Conservation Areas) Act 1990 (minimum compensation where building deliberately allowed to fall into disrepair).
4
If—
a
in accordance with the preceding provisions of this section the person referred to in subsection (1) of this section would be entitled to compensation under this section; but
b
before the planning decision in question that person has died, or any other act or event has occurred whereby the right to compensation under this section, if vested in him immediately before that act or event, would thereupon have vested in some other person,
the right to compensation under this section shall be treated as having devolved as if that right had been vested in him immediately before his death or immediately before that act or event, as the case may be, and the compensation shall be payable to the persons claiming under him accordingly.
5
Compensation under this section shall carry interest at the rate prescribed under section 32 of this Act from the date of the planning decision in question until payment.
6
The provisions of Part I of this Act (so far as applicable) shall apply (subject to the following provisions) in relation to the assessment of compensation under this section as they apply in relation to the assessment of compensation in respect of the compulsory acquisition of an interest in land.
24 Provisions as to claims under section 23.
1
For the purpose of facilitating the making of claims for compensation under section 23 of this Act—
a
the person entitled to receive the compensation or purchase price in respect of such an acquisition or sale as is mentioned in section 23(1)(a) of this Act; or
b
any person claiming under him as being a person who, if compensation under that section became payable, would be entitled to it by virtue of subsection (4) of that section,
may give to the acquiring authority an address for service under this section.
2
Where, at any time—
a
after a person has given an acquiring authority an address for service under this section; and
b
before the end of the period mentioned in paragraph (a) of section 23(1) of this Act,
such a planning decision is made as is mentioned in that paragraph, the acquiring authority shall, subject to subsection (3) of this section, give notice of the decision in the prescribed form to that person at that address.
3
If—
a
an address for service has been given by such a person as is mentioned in subsection (1)(b) of this section; and
b
the acquiring authority have reasonable grounds for believing that the person mentioned in subsection (1)(a) of this section is dead or that any other act or event has occurred as mentioned in section 23(4)(b) of this Act,
the acquiring authority need not give a notice to the person mentioned in subsection (1)(a).
4
A claim for compensation under section 23 of this Act in respect of a planning decision shall not have effect if made more than six months after the following date, that is to say—
a
if the claim is made by a person who has not given the acquiring authority an address for service under this section, the date of the decision;
b
if the claim is made by a person who has given the acquiring authority such an address, the date on which notice of the decision is given to him in accordance with subsection (2) of this section;
but, where there is an appeal against the planning decision, the reference in paragraph (a) of this subsection to the date of the planning decision shall be read as a reference to the date of the decision on the appeal.
5
The references in subsection (4) of this section to an appeal against a planning decision include an appeal made by virtue of section 78(2) of the M18Town and Country Planning Act 1990.
6
Where—
a
a person has given to an acquiring authority an address for service under this section; and
b
that authority, before the end of the period mentioned in section 23(1)(a) of this Act, cease to be entitled to an interest in the whole or part of the land comprised in the acquisition or sale, without remaining or becoming entitled to a freehold interest in, or tenancy of, that land or that part of it, as the case may be,
they shall notify the local planning authority; and after that it shall be the duty of the local planning authority to give notice to the acquiring authority of any planning decision of which the acquiring authority are required to give notice under subsection (2) of this section.
7
Notice under subsection (6) of this section of a planning decision—
a
in the case of a decision made by the local planning authority, shall be given within seven days after the making of the decision; and
b
in any other case, shall be given within seven days after the making of the decision has been notified to the local planning authority.
25 Extension to planning permission where no planning decision made.
1
The provisions of sections 23 and 24(1) of this Act shall have effect in relation to any planning permission falling within column 1 of the following table for any development as if a planning decision granting that permission had been made on the date shown in column 2.
Planning permission
Date of decision
Permission granted by a development orderm
When development is initiated
Permission granted by the adoption or approval of a simplified planning zone scheme
When the scheme is approved or adopted
Permission granted by an order designating an enterprise zone
When the designation takes effect
Permission deemed to be granted by a direction under section 90 of the Town and Country Planning Act 1990
When the direction is given
Permission deemed to be granted by a local planning authority
The occurrence of the event in consequence of which the permission is deemed to be granted
2
Where the provisions of section 23 of this Act have effect as applied by subsection (1) of this section in relation to any planning permission falling within column 1 of that table for any development, then if—
a
before the date shown in column 2, a person who (under section 24(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority; and
b
the development is proposed to be carried out by the acquiring authority or, if it is proposed to be carried out by a person other than the acquiring authority, notice of that proposal is given to the acquiring authority by the person proposing to carry out the development,
it shall, subject to subsection (3) of this section, be the duty of the acquiring authority to give notice of that proposal in the prescribed form to the person mentioned in paragraph (a) of this subsection at the address given by him to the authority.
3
An acquiring authority shall not be required by virtue of subsection (2) of this section to give notice of proposed development to the person mentioned in section 24(1)(a) of this Act if—
a
an address for service has been given to them by such a person as is mentioned in section 24(1)(b) of this Act; and
b
they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 23(4)(b) of this Act.
4
A claim for compensation under section 23 of this Act in respect of a planning permission falling within column 1 of that table shall not have effect if made more than six months after the following date, that is to say—
a
if the claim is made by a person to whom notice has been given under subsection (2) of this section, the date on which the notice was given;
b
in any other case, the date shown in column 2.
26 Extension to Crown development.
1
Where—
a
any interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and before the end of the period of ten years beginning with the date of completion there is initiated any additional development of any of the land which was comprised in the acquisition or sale; and
b
by reason of any such circumstances as are mentioned in subsection (2) of this section the development in question is development for which planning permission is not required,
the provisions of sections 23 and 24(1) of this Act shall apply as if a planning decision granting permission for that development had been made at the time when the additional development is so initiated.
2
The circumstances referred to in subsection (1) of this section are either or both of the following—
a
that the development is initiated by or on behalf of the Crown;
b
that there is a Crown or Duchy interest in the land and the development is initiated in right of that interest.
3
Where—
a
the provisions of section 23 of this Act have effect as applied by subsection (1) of this section in relation to the initiation of any development; and
b
before the development is initiated a person who (under section 24(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority,
it shall, subject to subsections (4) and (5) of this section, be the duty of the acquiring authority to give notice in the prescribed form of the initiation of the development to the person mentioned in paragraph (b) of this subsection at the address given by him to the authority.
4
Where—
a
by virtue of subsection (3) of this section, it is the duty of a government department to give notice of development initiated by or on behalf of that department; and
b
the Minister in charge of the department certifies that for reasons of national security it is necessary that the nature of the development should not be disclosed, except to the extent specified in the certificate,
the department shall give notice of development, but shall not be required to give any particulars of the nature of the development except to the extent specified in the certificate.
5
An acquiring authority shall not be required by virtue of subsection (3) of this section to give notice of proposed development to the person mentioned in section 24(1)(a) of this Act if—
a
an address for service has been given to them by such a person as is mentioned in section 24(1)(b) of this Act; and
b
they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 23(4)(b) of this Act.
6
A claim for compensation under section 23 of this Act in respect of the initiation of any development shall not have effect if made more than six months after the following date, that is to say—
a
if the claim is made by a person to whom notice has been given under subsection (3) of this section, the date on which the notice was given;
b
in any other case, the time the development is initiated.
7
In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department.
27 Application of Part IV to certain cases.
The preceding provisions of this Part of this Act shall have effect subject to the provisions of the Third Schedule to this Act.
28 Regulations for purposes of Part IV.
1
The Secretary of State may by statutory instrument make regulations for prescribing the form of any notice required by this Part of this Act to be given in the prescribed form.
2
Any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
29 Interpretation of Part IV.
1
In this Part of this Act—
“additional development”, in relation to an acquisition or sale of an interest in land, means any development of the land other than the following, that is to say—
a
where the acquiring authority are a local authority, and acquired the interest for the purposes of any of their functions, development for the purposes of the functions for which they acquired it;
b
where the acquiring authority are not a local authority, development for the purposes of the project in connection with which they acquired the interest;
c
development for which planning permission was in force on the relevant date;
d
in the case of compulsory acquisition, development for which it was assumed (in accordance with the provisions of sections 14 to 16 of this Act) for the purpose of assessing compensation that planning permission would be granted; and
e
in the case of a sale by agreement, development for which, if the interest (instead of being sold by agreement) had been compulsorily acquired by the acquiring authority in pursuance of a notice to treat served on the relevant date, it would have been so assumed;
“date of completion”, in relation to an acquisition or sale of an interest in land, means the date on which the acquisition or sale is completed by the vesting of that interest in the acquiring authority;
“local authority” means—
a
a charging authority, a precepting authority, a combined police authority or a combined fire authority, as defined in section 144 of the M19Local Government Finance Act 1988;
b
a levying body within the meaning of section 74 of that Act;
c
a body as regards which section 75 of that Act applies;
d
any joint board or joint committee if all the constituent authorities are such authorities as are described in paragraphs (a) to (c); and
e
the Honourable Society of the Inner Temple or the Honourable Society of the Middle Temple;
and includes any internal drainage board under section 6 of the M20Land Drainage Act 1976;
“prescribed” means prescribed by regulations under this Part of this Act;
“the relevant date”, in relation to a compulsory acquisition of an interest in land, means the date of service of the notice to treat and, in relation to a sale of such an interest by agreement, means the date of the making of the contract in pursuance of which the sale was effected.
2
In this Part of this Act any reference to the granting of permission for the carrying out of development of any land is a reference to the granting of permission (including where applicable outline permission) for that development—
a
either unconditionally or subject to conditions; and
b
either in respect of that land taken by itself or in respect of an area including that land.

Planning permission	Date of decision
Permission granted by a development orderm	When development is initiated
Permission granted by the adoption or approval of a simplified planning zone scheme	When the scheme is approved or adopted
Permission granted by an order designating an enterprise zone	When the designation takes effect
Permission deemed to be granted by a direction under section 90 of the Town and Country Planning Act 1990	When the direction is given
Permission deemed to be granted by a local planning authority	The occurrence of the event in consequence of which the permission is deemed to be granted

I2282

After Schedule 2 to that Act there is inserted—

Third Schedule Application of Part IV to Certain Cases
Disturbance, severance and injurious affection
1
Subject to paragraph 2 of this Schedule, any reference in section 23 of this Act to the principal amount of any compensation shall be construed as including any sum attributable to disturbance, severance or injurious affection.
2
If the person entitled to the compensation under section 23 of this Act—
a
was, at the time of the compulsory acquisition or sale mentioned in subsection (1) of that section, entitled to an interest in other land contiguous or adjacent to the land acquired or purchased; but
b
is, at the time of the planning decision in question, no longer entitled to that interest, either in respect of the whole or in respect of part of that land;
any reference in section 23 of this Act to the principal amount of any compensation or the amount of the purchase price shall be construed as excluding so much of the compensation or purchase price as was or would have been attributable to severance or injurious affection of that land or, as the case may be, of that part.
Increase in value of contiguous or adjacent land
3
In determining for the purposes of section 23 of this Act the difference between the principal amount of the compensation specified in subsection (2) of that section and the principal amount of the compensation or the amount of the purchase price mentioned in subsection (1) of that section, in a case where—
a
the compensation or the purchase price was or would have been reduced (whether by virtue of section 7 of this Act or otherwise) by reason of an increase in the value of an interest in contiguous or adjacent land; but
b
at the time of the planning decision the person entitled to the compensation under section 23 of this Act is not entitled to the interest or is entitled to it only as respects part of the contiguous or adjacent land,
the amount specified in section 23(2) and the principal amount or purchase price mentioned in section 23(1) shall be calculated as if the circumstances by reason of which it was or would have been so reduced had not existed or, as the case may be, as if the interest in the contiguous or adjacent land had subsisted only in that part of the land.
Mortgaged land
4
Subject to the provisions of this Schedule relating to settled land, where, in a case falling within section 23(1) of this Act, the interest in land which was acquired or sold was subject to a mortgage, any reference (however expressed) in section 23 or section 24 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the person who, subject to the mortgage, was entitled to that interest, and not as a reference to the mortgagee.
5
For the purposes of the application of section 23 of this Act, and of the provisions of this Schedule other than this paragraph, to a case falling within the preceding paragraph, any reference to the principal amount of the compensation which was or would have been payable in respect of any compulsory acquisition shall be construed as a reference to the principal amount of the compensation which would have been payable if the interest in question had not been subject to a mortgage.
6
No compensation shall be payable by virtue of section 23 of this Act in respect of a compulsory acquisition or sale by agreement where the interest acquired or sold was the interest of a mortgagee (as distinct from an interest subject to a mortgage).
Settled land
7
1
Where, in a case falling within section 23(1) of this Act, the interest in land which was acquired or sold was subject to a settlement, and accordingly the compensation or purchase price was payable to the trustees of that settlement, any reference (however expressed) in section 23 or section 24 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the trustees for the time being of the settlement.
2
Where sub-paragraph (1) of this paragraph applies, section 23(4) of this Act shall not apply.
3
Any compensation paid to the trustees of the settlement by virtue of section 23 of this Act in respect of a compulsory acquisition or sale by agreement shall be applicable by the trustees as if it were proceeds of the sale of the interest acquired or sold.
4
In this paragraph “settlement” means a settlement within the meaning of the M21Settled Land Act 1925, or a trust for sale within the meaning of the M22Law of Property Act 1925.
Interpretation
8
References in this Schedule to sections 23 and 24 of this Act include references to those sections as applied by section 25 or 26 of this Act, and references to the time of any planning decision shall be construed accordingly.

I263SCHEDULE 15 Amendments Relating to Land Compensation

Section 70.

Annotations:

Commencement Information

I263

Sch. 15 wholly in force: Sch. 15 except para. 32 in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3; para. 32 in force at 2.1.1992 by S.I. 1991/2728, art. 2

I243Part I Miscellaneous Amendments

Annotations:

Commencement Information

I243

Sch. 15 Pt. I wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Rules for assessment of compensation

I229 C141

In section 5 of the M23Land Compensation Act 1961 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.

Expenses in acquiring replacement land

I230 C152

After section 10 of the M24Land Compensation Act 1961 there is inserted—

10A Expenses of owners not in occupation.
Where, in consequence of any compulsory acquisition of land—
a
the acquiring authority acquire an interest of a person who is not then in occupation of the land; and
b
that person incurs incidental charges or expenses in acquiring, within the period of one year beginning with the date of entry, an interest in other land in the United Kingdom,
the charges or expenses shall be taken into account in assessing his compensation as they would be taken into account if he were in occupation of the land.

Compensation otherwise than in the form of money

I2313

In section 3 of the M25Compulsory Purchase Act 1965 (acquisition by agreement for a consideration in money) after “money” there is inserted “ or money’s worth ”.

Tenants at will, etc: part acquisitions

I232 C164

In section 20(2) of the Compulsory Purchase Act 1965 (tenant at will, etc., entitled to compensation for damage done to him in his tenancy), for “in his tenancy by severing the” there is substituted “ by severing ”.

Caravans etc. affected by noise of public works

I2335

1

After section 20 of the M26Land Compensation Act 1973 there is inserted—

20A Power to make payments in respect of caravans and other structures affected by noise of public works.
1
The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which—
a
is not a building;
b
is occupied by a person as his only or main residence; and
c
is affected or likely to be affected by noise caused by the construction or use of public works.
2
Regulations under this section may—
a
make provision as to the level of noise giving rise to a power under the regulations and the area in which a dwelling must be situated if a power is to arise in respect of it;
b
specify the classes of public works and of dwellings in respect of which a power is to arise, and the classes of persons entitled to make claims, under the regulations; and
c
make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed.
3
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
Subsections (3), (7) and (12) of section 20 above apply for the purposes of this section as they apply for the purposes of that.

2

This paragraph does not apply in relation to any public works if the relevant date for the purposes of Part I of the M27Land Compensation Act 1973 fell more than twelve months before the date on which this paragraph comes into force.

Farm loss payments

I234 C176

1

Section 34 of the Land Compensation Act 1973 (right to farm loss payment where person displaced from agricultural unit) is amended as follows.

2

For subsection (1)(a) (section applies only if whole of land is acquired) there is substituted—

a
in consequence of the compulsory acquisition of his interest in the whole, or a sufficient part, of that land, he is displaced from the land acquired

3

In subsection (2) (interests qualifying for compensation) for the words following “tenancy” there is substituted “ where his interest is as tenant for a year or from year to year or a greater interest, and “sufficient part” means not less than 0.5 hectares or such other area as the Secretary of State may by order specify ”.

4

After that subsection there is inserted—

2A
The power to make an order under subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

At the end of subsection (3)(a) (meaning of displacement) there is added “ or on any date after the making or confirmation of the compulsory purchase order but before being required to do so by the acquiring authority ”.

6

Subsection (6) is omitted.

Notice to quit agricultural holding: right to opt for notice of entry compensation

I235 C187

At the end of section 59(7) of the Land Compensation Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted “ and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 293 of the M28Town and Country Planning Act 1990). ”

Service of documents

I2368

In section 6(4) of the M29Acquisition of Land Act 1981 (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from “premises or” to the end there is substituted “ land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land ”.

Meaning of “owner”

I237 C199

In section 7 of the Acquisition of Land Act 1981 (interpretation) at the end of the definition of “owner” there is inserted “ and a person who would have power to sell and convey or release the land to the acquiring authority if a compulsory purchase order were operative ”.

Local authority and statutory undertakers’ land

I238 C2010

1

At the end of section 16(1) of, and paragraph 3(1) of Schedule 3 to, the M30Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase if objection made and no certificate given) there is added “ and the representation is not withdrawn. ”

2

For section 31(2) and (3) of that Act (acquisition under certain enactments without a certificate) there is substituted—

2
Section 16(2) of, and paragraph 3(2) of Schedule 3 to, this Act shall not apply to an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it.

I239 C2111

In section 17(3) of, and paragraph 4(3) of Schedule 3 to, that Act (certain compulsory acquisitions to be subject to special parliamentary procedure, unless acquirer is local authority, etc.), before “the Land Authority for Wales” there is inserted “ an urban development corporation ”.

Commons, open spaces, etc.

I240 C2212

1

In section 19 of the Acquisition of Land Act 1981 (compulsory acquisition of commons, etc., to be subject to special parliamentary procedure, with exceptions)—

a

at the end of subsection (1)(a) there is inserted—

aa
that the land is being purchased in order to secure its preservation or improve its management

b

in subsection (2) after “shall” there is inserted “ direct the acquiring authority to ”,

c

after that subsection there is inserted—

2A
Notice under subsection (2) above shall be given in such form and manner as the Secretary of State may direct.

d

at the end of subsection (3) there is added “ except where the Secretary of State has given a certificate under subsection (1)(aa) above. ”

2

In paragraph 6 of Schedule 3 to that Act—

a

after sub-paragraph (1)(a) there is inserted—

aa
that the right is being acquired in order to secure the preservation or improve the management of the land

b

in sub-paragraph (3) after “shall” there is inserted “ direct the acquiring authority to ”,

c

after that sub-paragraph there is inserted—

3A
Notice under sub-paragraph (3) above shall be given in such form and manner as the Secretary of State may direct.

d

in sub-paragraph (4), after “mentioned, and” there is inserted “ except where the Secretary of State has given his certificate under sub-paragraph (1)(aa) above. ”

Blighted land

I24113

In sections 150(1)(b), 161(2)(c) and 162(1)(b) of the principal Act (notices requiring purchase of blighted land: need to show reasonable endeavours to sell interest) after “interest” there is inserted “ or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable ”.

I24214

1

In Schedule 13 to that Act (blighted land) for paragraph 16 there is substituted—

16
Land comprised in the site of a highway as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the local planning authority.

2

In paragraph 18 of that Schedule for “trunk road or special road” there is substituted “ highway ”.

I262Part II Minor and Consequential Amendments

Annotations:

Commencement Information

I262

Sch. 15 Pt. II wholly in force: Sch. 15 Pt. II paras. 15 - 31 in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3; Sch. 15 Pt. II wholly in force at 2.1.1992, so far as not already in force, by S.I. 1991/2728, art. 3

Land Compensation Act 1961 (c. 33)

I244 C2315

1

In section 14(1) of the Land Compensation Act 1961 after “shall” there is inserted “ (subject to subsection (3A) of this section) ”.

2

In section 14(3) of that Act, for the words from “but” to the end there is substituted—

3A
In determining—
a
for the purpose referred to in subsection (1) of this section whether planning permission for any development could in any particular circumstances reasonably have been expected to be granted in respect of any land; or
b
whether any of the assumptions mentioned in section 16 of this Act (but not section 15) are applicable to the relevant land or any part thereof,
regard shall be had to any contrary opinion expressed in relation to that land in any certificate issued under Part III of this Act.

I245 C2416

In section 17 of that Act—

a

for the words from the beginning of subsection (2) to “acquire it” there is substituted “ If the authority proposing to acquire the interest ”, and

b

subsection (8) is omitted.

I246 C2517

In section 19(1) of that Act for “in the circumstances mentioned in subsection (1) of section 17 of this Act” there is substituted “ by an authority possessing compulsory purchase powers ”.

I247 C2618

Section 22(3) of that Act is omitted.

Compulsory Purchase Act 1965 (c. 56)

I248 C2719

In section 31 of the Compulsory Purchase Act 1965—

a

after “but” there is inserted “ in the case of land which is not diocesan glebe land ”,

b

for “to be applied” there is substituted “ and, in the case of diocesan glebe land, shall be paid to the Diocesan Board of Finance in which the land is vested and, in either case, shall be applied ”, and

c

at the end of that section there is added— “ In this section “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the M31Endowments and Glebe Measure 1976. ”

Land Compensation Act 1973 (c. 26)

I249 C2820

In section 13 of the Land Compensation Act 1973—

a

in subsection (1) for “to the Church Commissioners to” there is substituted—

a
in the case of land which is not diocesan glebe land, to the Church Commissioners; and
b
in the case of diocesan glebe land, to the Diocesan Board of Finance in which the land is vested,
and (in either case) shall

b

at the end of subsection (2) there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the M32Endowments and Glebe Measure 1976 ”.

I25021

In section 26 of that Act—

a

in subsection (2) for “of the kind mentioned in section 22(2) above” there is substituted “ a qualifying interest ”, and

b

in subsection (5) for “and (2)” there is substituted “ (2) and (2A) ”.

I251 C2922

1

Section 29 of that Act is amended as follows.

2

In subsection (1)—

a

in paragraph (ii) “passed the resolution” is omitted;

b

“and” following paragraph (iii) is omitted;

c

after paragraph (iv) there is inserted “ and ”; and

d

in paragraph (v) after “(e)” there is inserted “ above ”.

3

In subsection (3A) the words from “of the service” to “(1)(b) above” are omitted.

4

In subsection (4)—

a

for paragraph (b) there is substituted—

b
a right to occupy the dwelling—
i
as a statutory tenant within M33the meaning of the M34Rent (Agriculture) Act 1976 or the Rent Act 1977, or
ii
under a contract to which section 19 of the Rent Act 1977 (restricted contracts) applies or would apply if the contract or dwelling were not excluded by section 19(3) to (5) or 144 of that Act

b

for paragraph (e) there is substituted—

e
a right to occupy the dwelling under a licence where—
i
it is a right to occupy as a protected occupier within the meaning of the Rent (Agriculture) Act 1976,
ii
Part IV of the M35Housing Act 1985 (secure tenancies) applies to the licence, or
iii
the licence is an assured agricultural occupancy within the meaning of Part I of the M36Housing Act 1988.

I252 C3023

In section 32(7B) of that Act for “the person giving up possession” there is substituted “ any person giving up possession or occupation ”.

I253 C3124

In section 52 of that Act—

a

in subsection (9) after “the amount of the advance payment” there is inserted “ together with any amount paid under section 52A ”, and

b

in subsection (10) the words following “unpaid” are omitted.

Local Government, Planning and Land Act 1980 (c. 65)

I25425

After section 141(5) of the Local Government, Planning and Land Act 1980 there is inserted—

5A
No compensation is payable, by virtue of an order under this section, under Part IV of the M37Land Compensation Act 1961.

Highways Act 1980 (c. 66)

I25526

In section 246(2) of the Highways Act 1980, for the words following paragraph (b) there is substituted “ if the interest of the vendor is a qualifying interest ”.

Acquisition of Land Act 1981 (c. 67)

I256 C3227

At the end of section 12(3) of, and paragraph 3(3) of Schedule 1 to, the Acquisition of Land Act 1981 there is added “ or being diocesan glebe land within the meaning of the M38Endowments and Glebe Measure 1976 ”.

I25728

Section 20 of, and paragraph 7 of Schedule 3 to, that Act are repealed.

The principal Act

I25829

In section 231 of the principal Act the words from “for a purpose” to “is situated” are omitted.

I259 C3330

1

In section 318 of that Act, in subsection (3) for the words from “be” (in paragraph (a)) to “shall” (in paragraph (b)) there is substituted—

in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and
b
shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,
and shall (in either case)

2

In subsection (4)(b) of that section for “(3)(b)” there is substituted “ (3) ”.

3

At the end of section 318(6) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

I260 C3431

1

In section 86(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for the words from “be” (in paragraph (a)) to “shall” (in paragraph (b)) there is substituted—

in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and
b
shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,
and shall (in either case).

2

At the end of section 86(4) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.

Planning (Hazardous Substances) Act 1990 (c. 10)

I26132

1

In section 34(3) of the Planning (Hazardous Substances) Act 1990 for the words from “be” (in paragraph (a)) to “shall” (in paragraph (b)) there is substituted—

in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and
b
shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,
and shall (in either case).

2

At the end of section 34(4) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the M39Endowments and Glebe Measure 1976 ”.

I266SCHEDULE 16 Compensation where Permission for Additional Development Granted after Acquisition-Scotland

Section 77.

Annotations:

Commencement Information

I266

Sch. 16 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3.

I2641

After section 30 of the M40Land Compensation (Scotland) Act 1963 there is inserted—

Part V Compensation where Permission for Additional Development Granted after Acquisition
31 Compensation where planning decision made after acquisition.
1
Where—
a
any interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers and, before the end of the period of ten years beginning with the date of completion, a planning decision is made granting permission for the carrying out of additional development of any of the land; and
b
the principal amount of the compensation which was payable in respect of the compulsory acquisition or, in the case of a sale by agreement, the amount of the purchase price, was less than the amount specified in subsection (2) of this section,
then, subject to the following provisions of this section, the person to whom the compensation or purchase price was payable shall be entitled, on a claim duly made by him, to compensation from the acquiring authority of an amount equal to the difference.
2
The amount referred to in subsection (1)(b) of this section is the principal amount of the compensation which would have been payable in respect of a compulsory acquisition of the interest by the acquiring authority, in pursuance of a notice to treat served on the relevant date if—
a
the planning decision mentioned in subsection (1)(a) of this section had been made before that date; and
b
the permission granted by it had been in force on that date.
3
No compensation shall be payable by virtue of this section in respect of a planning decision in so far as it relates to land acquired by the acquiring authority, whether compulsorily or by agreement—
a
under section 142 or 143 of the M41Local Government, Planning and Land Act 1980 (acquisitions by urban development corporations and by roads authorities in connection with urban development areas);
b
under the M42New Towns (Scotland) Act 1968 (acquisitions by development corporations and by roads authorities in connection with new town areas); or
c
where the compulsory purchase order included a direction under section 107 of the M43Town and Country Planning (Scotland) Act 1972 (minimum compensation in case of listed building deliberately left derelict).
4
If—
a
in accordance with the preceding provisions of this section the person referred to in subsection (1) of this section would be entitled to compensation under this section; but
b
before the planning decision in question that person has died, or any other act or event has occurred whereby the right to compensation under this section, if vested in him immediately before that act or event, would thereupon have vested in some other person,
the right to compensation under this section shall be treated as having devolved as if that right had been vested in him immediately before his death or immediately before that act or event, as the case may be, and the compensation shall be payable to the persons claiming under him accordingly.
5
Compensation under this section shall carry interest at the rate prescribed under section 40 of this Act from the date of the planning decision in question until payment.
6
The provisions of Part II of this Act (so far as applicable) shall apply (subject to the following provisions) in relation to the assessment of compensation under this section as they apply in relation to the assessment of compensation in respect of the compulsory acquisition of an interest in land.
32 Provisions as to claims under section 31.
1
For the purpose of facilitating the making of claims for compensation under section 31 of this Act—
a
the person entitled to receive the compensation or purchase price in respect of such an acquisition or sale as is mentioned in section 31(1)(a) of this Act; or
b
any person claiming under him as being a person who, if compensation under that section became payable, would be entitled to it by virtue of subsection (4) of that section,
may give to the acquiring authority an address for service under this section.
2
Where, at any time—
a
after a person has given an acquiring authority an address for service under this section; and
b
before the end of the period mentioned in paragraph (a) of section 31(1) of this Act,
such a planning decision is made as is mentioned in that paragraph, the acquiring authority shall, subject to subsection (3) of this section, give notice of the decision in the prescribed form to that person at that address.
3
If—
a
an address for service has been given by such a person as is mentioned in subsection (1)(b) of this section; and
b
the acquiring authority have reasonable grounds for believing that the person mentioned in subsection (1)(a) of this section is dead or that any other act or event has occurred as mentioned in section 31(4)(b) of this Act,
the acquiring authority need not give a notice to the person mentioned in subsection (1)(a).
4
A claim for compensation under section 31 of this Act in respect of a planning decision shall not have effect if made more than six months after the following date, that is to say—
a
if the claim is made by a person who has not given the acquiring authority an address for service under this section, the date of the decision;
b
if the claim is made by a person who has given the acquiring authority such an address, the date on which notice of the decision is given to him in accordance with subsection (2) of this section;
but, where there is an appeal against the planning decision, the reference in paragraph (a) of this subsection to the date of the planning decision shall be read as a reference to the date of the decision on the appeal.
5
The references in subsection (4) of this section to an appeal against a planning decision include an appeal made by virtue of section 34 of the M44Town and Country Planning (Scotland) Act 1972.
6
Where—
a
a person has given to an acquiring authority an address for service under this section; and
b
that authority, before the end of the period mentioned in section 31(1)(a) of this Act, cease to be entitled to an interest in the whole or part of the land comprised in the acquisition or sale, without remaining or becoming entitled to the dominium utile, or a tenancy, of that land or that part of it, as the case may be,
they shall notify the planning authority; and after that it shall be the duty of the planning authority to give notice to the acquiring authority of any planning decision of which the acquiring authority are required to give notice under subsection (2) of this section.
7
Notice under subsection (6) of this section of a planning decision—
a
in the case of a decision made by the planning authority, shall be given within seven days after the making of the decision; and
b
in any other case, shall be given within seven days after the making of the decision has been notified to the planning authority.
33 Extension to planning permission where no planning decision made.
1
The provisions of sections 31 and 32(1) of this Act shall have effect in relation to any planning permission falling within column 1 of the following table for any development as if a planning decision granting that permission had been made on the date shown in column 2.
Planning permission
Date of decision
Permission granted by a development order
When development is initiated
Permission granted by the adoption or approval of a simplified planning zone scheme
When the scheme is approved or adopted
Permission granted by an order designating an enterprise zone
When the designation takes effect
Permission deemed to be granted by a direction under section 37 of the Town and Country Planning (Scotland) Act 1972
When the direction is given
Permission deemed to be granted by a planning authority
The occurrence of the event in consequence of which the permission is deemed to be granted
2
Where the provisions of section 31 of this Act have effect as applied by subsection (1) of this section in relation to any planning permission falling within column 1 of that table for any development, then if—
a
before the date shown in column 2, a person who (under section 32(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority; and
b
the development is proposed to be carried out by the acquiring authority or, if it is proposed to be carried out by a person other than the acquiring authority, notice of that proposal is given to the acquiring authority by the person proposing to carry out the development,
it shall, subject to subsection (3) of this section, be the duty of the acquiring authority to give notice of that proposal in the prescribed form to the person mentioned in paragraph (a) of this subsection at the address given by him to the authority.
3
An acquiring authority shall not be required by virtue of subsection (2) of this section to give notice of proposed development to the person mentioned in section 32(1)(a) of this Act if—
a
an address for service has been given to them by such a person as is mentioned in section 32(1)(b) of this Act; and
b
they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 31(4)(b) of this Act.
4
A claim for compensation under section 31 of this Act in respect of a planning permission falling within column 1 of that table shall not have effect if made more than six months after the following date, that is to say—
a
if the claim is made by a person to whom notice has been given under subsection (2) of this section, the date on which the notice was given;
b
in any other case, the date shown in column 2.
34 Extension to Crown development.
1
Where—
a
any interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and before the end of the period of ten years beginning with the date of completion there is initiated any additional development of any of the land which was comprised in the acquisition or sale; and
b
by reason of any such circumstances as are mentioned in subsection (2) of this section the development in question is development for which planning permission is not required,
the provisions of sections 31 and 32(1) of this Act shall apply as if a planning decision granting permission for that development had been made at the time when the additional development is so initiated.
2
The circumstances referred to in subsection (1) of this section are either or both of the following—
a
that the development is initiated by or on behalf of the Crown;
b
that there is a Crown interest in the land and the development is initiated in right of that interest.
3
Where—
a
the provisions of section 31 of this Act have effect as applied by subsection (1) of this section in relation to the initiation of any development; and
b
before the development is initiated a person who (under section 32(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority,
it shall, subject to subsections (4) and (5) of this section, be the duty of the acquiring authority to give notice in the prescribed form of the initiation of the development to the person mentioned in paragraph (b) of this subsection at the address given by him to the authority.
4
Where—
a
by virtue of subsection (3) of this section, it is the duty of a government department to give notice of development initiated by or on behalf of that department; and
b
the Minister in charge of the department certifies that for reasons of national security it is necessary that the nature of the development should not be disclosed, except to the extent specified in the certificate,
the department shall give notice of development, but shall not be required to give any particulars of the nature of the development except to the extent specified in the certificate.
5
An acquiring authority shall not be required by virtue of subsection (3) of this section to give notice of proposed development to the person mentioned in section 32(1)(a) of this Act if—
a
an address for service has been given to them by such a person as is mentioned in section 32(1)(b) of this Act; and
b
they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 31(4)(b) of this Act.
6
A claim for compensation under section 31 of this Act in respect of the initiation of any development shall not have effect if made more than six months after the following date, that is to say—
a
if the claim is made by a person to whom notice has been given under subsection (3) of this section, the date on which the notice was given;
b
in any other case, the time the development is initiated.
7
In this section “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department.
35 Application of Part V to certain cases.
The preceding provisions of this Part of this Act shall have effect subject to the provisions of the Third Schedule to this Act.
36 Regulations for purposes of Part V.
1
The Secretary of State may by statutory instrument make regulations for prescribing the form of any notice required by this Part of this Act to be given in the prescribed form.
2
Any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
37 Interpretation of Part IV.
1
In this Part of this Act—
“additional development”, in relation to an acquisition or sale of an interest in land, means any development of the land other than the following, that is to say—
a
where the acquiring authority are a local authority, and acquired the interest for the purposes of any of their functions, development for the purposes of the functions for which they acquired it;
b
where the acquiring authority are not a local authority, development for the purposes of the project in connection with which they acquired the interest;
c
development for which planning permission was in force on the relevant date;
d
in the case of compulsory acquisition, development for which it was assumed (in accordance with the provisions of sections 22 to 24 of this Act) for the purpose of assessing compensation that planning permission would be granted; and
e
in the case of a sale by agreement, development for which, if the interest (instead of being sold by agreement) had been compulsorily acquired by the acquiring authority in pursuance of a notice to treat served on the relevant date, it would have been so assumed;
“date of completion”, in relation to an acquisition or sale of an interest in land, means the date on which the acquisition or sale is completed by the vesting of that interest in the acquiring authority;
“local authority” means a regional, islands or district council;
“prescribed” means prescribed by regulations under this Part of this Act;
“the relevant date”, in relation to a compulsory acquisition of an interest in land, means the date of service of the notice to treat and, in relation to a sale of such an interest by agreement, means the date of the making of the contract in pursuance of which the sale was effected.
2
In this Part of this Act any reference to the granting of permission for the carrying out of development of any land is a reference to the granting of permission (including where applicable outline permission) for that development—
a
either unconditionally or subject to conditions; and
b
either in respect of that land taken by itself or in respect of an area including that land.

Planning permission	Date of decision
Permission granted by a development order	When development is initiated
Permission granted by the adoption or approval of a simplified planning zone scheme	When the scheme is approved or adopted
Permission granted by an order designating an enterprise zone	When the designation takes effect
Permission deemed to be granted by a direction under section 37 of the Town and Country Planning (Scotland) Act 1972	When the direction is given
Permission deemed to be granted by a planning authority	The occurrence of the event in consequence of which the permission is deemed to be granted

I2652

After Schedule 2 to that Act there is inserted—

Third Schedule Application of Part V to Certain Cases
Disturbance, severance and injurious affection
1
Subject to paragraph 2 of this Schedule, any reference in section 31 of this Act to the principal amount of any compensation shall be construed as including any sum attributable to disturbance, severance or injurious affection.
2
If the person entitled to the compensation under section 31 of this Act—
a
was, at the time of the compulsory acquisition or sale mentioned in subsection (1) of that section, entitled to an interest in other land contiguous or adjacent to the land acquired or purchased; but
b
is, at the time of the planning decision in question, no longer entitled to that interest, either in respect of the whole or in respect of part of that land;
any reference in section 31 of this Act to the principal amount of any compensation or the amount of the purchase price shall be construed as excluding so much of the compensation or purchase price as was or would have been attributable to severance or injurious affection of that land or, as the case may be, of that part.
Increase in value of contiguous or adjacent land
3
In determining for the purposes of section 31 of this Act the difference between the principal amount of the compensation specified in subsection (2) of that section and the principal amount of the compensation or the amount of the purchase price mentioned in subsection (1) of that section, in a case where—
a
the compensation or the purchase price was or would have been reduced (whether by virtue of section 14 of this Act or otherwise) by reason of an increase in the value of an interest in contiguous or adjacent land; but
b
at the time of the planning decision the person entitled to the compensation under section 23 of this Act is not entitled to the interest or is entitled to it only as respects part of the contiguous or adjacent land,
the amount specified in section 31(2) and the principal amount or purchase price mentioned in section 31(1) shall be calculated as if the circumstances by reason of which it was or would have been so reduced had not existed or, as the case may be, as if the interest in the contiguous or adjacent land had subsisted only in that part of the land.
Land held subject to heritable security
4
Subject to the provisions of this Schedule relating to settled land, where, in a case falling within section 31(1) of this Act, the interest in land which was acquired or sold was subject to a heritable security, any reference (however expressed) in section 31 or section 32 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the person who, subject to the heritable security, was entitled to that interest, and not as a reference to the heritable creditor.
5
For the purposes of the application of section 31 of this Act, and of the provisions of this Schedule other than this paragraph, to a case falling within the preceding paragraph, any reference to the principal amount of the compensation which was or would have been payable in respect of any compulsory acquisition shall be construed as a reference to the principal amount of the compensation which would have been payable if the interest in question had not been subject to a heritable security.
6
No compensation shall be payable by virtue of section 31 of this Act in respect of a compulsory acquisition or sale by agreement where the interest acquired or sold was the interest of a heritable creditor (as distinct from an interest subject to a heritable security).
Land held in trust
7
1
Where, in a case falling within section 31(1) of this Act, the interest in land which was acquired or sold was subject to a trust, and accordingly the compensation or purchase price was payable to the trustees of that trust, any reference (however expressed) in section 31 or section 32 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the trustees for the time being of the trust.
2
Where sub-paragraph (1) of this paragraph applies, section 31(4) of this Act shall not apply.
3
Any compensation paid to the trustees of the trust by virtue of section 31 of this Act in respect of a compulsory acquisition or sale by agreement shall be applicable by the trustees as if it were proceeds of the 1sale of the interest acquired or sold.
4
In this paragraph “trust” has the same meaning as in the M45Trusts (Scotland) Act 1921.
Interpretation
8
References in this Schedule to sections 31 and 32 of this Act include references to those sections as applied by section 33 or 34 of this Act, and references to the time of any planning decision shall be construed accordingly.

I286SCHEDULE 17 Amendments relating to land compensation in Scotland

Section 79.

Annotations:

Commencement Information

I286

Sch. 17 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3.

Part I Miscellaneous amendments

Compensation for tenants for a year or from year to year

I2671

In section 114 of the M46Lands Clauses Consolidation (Scotland) Act 1845 (compensation to be made to tenants for a year etc.), for “in his tenancy by the severing of the” there is substituted “ by severing ”.

Local authority and statutory undertakers’ land

I268 C352

In paragraph 10 (protection of land held by statutory undertakers) of Schedule 1 to the M47Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, before “the compulsory purchase order” there is inserted “ and, if the representation is not withdrawn, ”.

I269 I2703

In paragraph 11 of that Schedule (purchase of open space)—

a

in sub-paragraph (2), after “shall” there is inserted “ direct the acquiring authority to ”; and

b

after that sub-paragraph there is inserted—

3
Notice under sub-paragraph (2) of this paragraph shall be given in such form and manner as the Secretary of State may direct.

Service of documents

I2714

In paragraph 19(4) of that Schedule (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from “premises or” to the end there is substituted “ land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land ”.

Rules for the assessment of compensation

I272 C365

In section 12 of the M48Land Compensation (Scotland) Act 1963 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.

Expenses in acquiring replacement land

I273 C376

After section 17 of the Land Compensation (Scotland) Act 1963 there is inserted—

17A Expenses of owners not in occupation.
Where, in consequence of any compulsory acquisition of land—
a
the acquiring authority acquire an interest of a person who is not then in occupation of the land; and
b
that person incurs incidental charges or expenses in acquiring, within the period of one year beginning with the date of entry, an interest in other land in the United Kingdom,
the charges or expenses shall be taken into account in assessing his compensation as they would be taken into account if he were in occupation of the land.

I274 C387

1

In section 22(1) of the Land Compensation (Scotland) Act 1963 after “shall” there is inserted “ (subject to subsection (3A) of this section) ”.

2

In section 22(3) of that Act, for the words from “but” to the end there is substituted—

3A
In determining—
a
for the purpose referred to in subsection (1) of this section whether planning permission for any development could in any particular circumstances reasonably have been expected to be granted in respect of any land; or
b
whether any of the assumptions mentioned in section 24 of this Act (but not section 23) are applicable to the relevant land or any part thereof,
regard shall be had to any contrary opinion expressed in relation to that land in any certificate issued under Part IV of this Act.

I275 C398

In section 25 of that Act—

a

for the words from the beginning of subsection (2) to “acquire it” there is substituted “ If the authority proposing to acquire the interest ”, and

b

subsection (8) is omitted.

I276 C409

In section 27(1) of that Act for “in the circumstances mentioned in section 25(1) of this Act” there is substituted “ by an authority possessing compulsory purchase powers ”.

I277 C4110

Section 30(3) of that Act is omitted.

Blighted land

F8011

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local authority and statutory undertakers’ land

F8112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Caravans etc. affected by noise of public works

I27813

1

After section 18 of the M49Land Compensation (Scotland) Act 1973 there is inserted—

18A Power to make payments in respect of caravans and other structures affected by noise of public works.
1
The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which—
a
is not a building;
b
is occupied by a person as his only or main residence; and
c
is affected or likely to be affected by noise caused by the construction or use of public works.
2
Regulations under this section may—
a
make provision as to the level of noise giving rise to a power under the regulations and the area in which a dwelling must be situated if a power is to arise in respect of it;
b
specify the classes of public works and of dwellings in respect of which a power is to arise, and the classes of persons entitled to make claims, under the regulations; and
c
make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed.
3
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
Subsections (3), (6) and (11) of section 18 above apply for the purposes of this section as they apply for the purposes of that.

2

This paragraph does not apply in relation to any public works if the relevant date for the purposes of Part I of the M50Land Compensation (Scotland) Act 1973 fell more than twelve months before the date on which this paragraph comes into force.

Farm loss payments

I279 C4214

1

Section 31 of the Land Compensation (Scotland) Act 1973 (right to farm loss payment where person displaced from agricultural unit) is amended as follows.

2

For subsection (1)(a) (section applies only if whole of land is acquired) there is substituted—

a
in consequence of the compulsory acquisition of his interest in the whole, or a sufficient part, of that land, he is displaced from the land acquired;

3

In subsection (2) (interests qualifying for compensation)—

a

for the words from “lease” where it first appears to “three years” there is substituted “ where his interest is as a lessee for a year or from year to year or a greater interest, ”; and

b

at the end there is inserted “ , and “sufficient part” means not less than 0.5 hectares or such other area as the Secretary of State may by order specify ”.

4

After that subsection there is inserted—

2A
The power to make an order under subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

6

Subsection (6) is omitted.

Notice to quit agricultural holding; right to opt for notice of entry compensation

I280 C4315

At the end of section 55(7) of the Land Compensation (Scotland) Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted “ and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 253(7) of the M51Town and Country Planning (Scotland) Act 1972). ”

Part II Minor and consequential amendments

Land Compensation (Scotland) Act 1963 (c.51)

I28116

In section 28 (power to prescribe matters relevant to Part IV) of the Land Compensation (Scotland) Act 1963, for the words “The provisions which may be made by a development order shall” there are substituted the words “ Regulations made under section 273(1)(c) of the Town and Country Planning (Scotland) Act 1972 or a development order may ”.

The 1972 Act

F8217

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8318

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land Compensation (Scotland) Act 1973 (c.56)

I28219

In section 24 (acquisition of land in connection with public works) of the Land Compensation (Scotland) Act 1973—

a

in subsection (2) for the word “vendor” there shall be substituted the word “ seller ”, and

b

in subsection (5), for “and (2)” there is substituted “ (2) and (2A) ”.

I283 C4420

1

Section 27 of that Act is amended as follows.

2

In subsection (1)—

a

in paragraph (ii), “passed the resolution” is omitted;

b

“and” following paragraph (iii) is omitted; and

c

after paragraph (iv) there is inserted “ and ”.

3

In subsection (4), for paragraph (b) there is substituted—

b
a right to occupy the dwelling-house—
i
as a statutory tenant within the meaning of the Rent (Scotland) Act 1984; or
ii
under a contract to which Part VII of that Act applies or would apply if the contract or dwelling-house were not excluded by section 63(3) to (5) or under section 64(3) respectively of that Act; and

I284 C4521

In section 48 (right to advance payment of compensation) of that Act—

a

in subsection (8), after “the amount of the advance payment” there is inserted “ together with any amount paid under section 48A ”, and

b

in subsection (9), the words following “unpaid” are omitted.

Local Government, Planning and Land Act 1980 (c. 65)

I28522

After section 141(5) of the Local Government, Planning and Land Act 1980 there is inserted—

5B
No compensation is payable, by virtue of an order under this section, under Part V of the Land Compensation (Scotland) Act 1963

I289 C47SCHEDULE 18 Compensation Provisions Referred to in Section 80

Section 80.

Annotations:

Commencement Information

I289

Sch. 18 partly in force: Sch. 18 partly in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 partly in force (S.) at 25.9.1991 by S.I. 1991/2092, art. 3; Sch. 18 Pt. I in force for certain purposes (S.) at 30.8.1995 by S.I. 1995/2045, art. 3

Modifications etc. (not altering text)

C47

Sch. 18 restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt. I para. 5, Pt. II para. 6

Sch. 18 restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. II para. 7

I287 C46Part I Provisions that do not Provide for Interest

Annotations:

Commencement Information

I287

Sch. 18 Pt. I partly in force: Sch. 18 Pt. I partly in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 Pt. I partly in force (S.) at 25.9.1991 by S.I. 1991/2092, art. 3; Sch. 18 Pt. I in force (S.)(30.8.1995) for certain purposes by S.I. 1995/2045, art. 3

Amendments (Textual)

F84

Entry in Sch. 18 Pt. I inserted (1.4.1999) by S.I. 1999/648, art. 2(2)(a)

F85

Sch. 18 Pt. I: Entry inserted (E.) (22.2.2002) by S.I. 2002/116, art. 2

F86

Section 78G of the Environmental Protection Act 1990 was inserted by section 57 of the Environment Act 1995. For the Contaminated Land (England) Regulations 2000 see S.I. 2000/227, to which there are amendments not relevant to this Order.

F87

Entries in Sch. 18 Pt. I repealed (E.W.)(01.12.1991) by Water Consolidation (COnsequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 3, Pt. I (with Sch. 2 paras. 12, 14(1), 15).

F88

Entry in Sch. 18 Pt. I inserted (19.7.1999) by S.I. 1999/1765, art. 2

F89

Entries in Sch. 18 Pt. I inserted (E.W.)(01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 58.

F90

Words in Sch. 18 Pt. I inserted (1.4.1996) by S.I. 1996/593, reg. 3, Sch. 2 para. 7

F94

Words in Sch. 18 Pt. I inserted (S.) (1.4.2003) by The Planning and Compensation Act 1991 (Amendment of Schedule 18) (Scotland) Order 2003 (S.S.I. 2003/175), arts. 1(1), 2

F97

Sch. 18 Pt. I entry omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 6(2)

F91

Entries substituted (27.5.1997) for the entries relating to the 1972 Act by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 49(2) (with s. 5, Sch. 3)

Modifications etc. (not altering text)

C46

Sch. 18 Pt. I restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. I para. 5

Marginal Citations

M52

M53

M54

M55

M56

M57

M58

M59

M60

M61

M62

M63

M64

M65

M66

M67

(1)	(2)
Enactment	Date from which interest payable
Enactments extending to Great Britain
Section 10(4)(a) of the M52Forestry Act 1967	Date of claim for compensation
Section 18(1)(a) of the M53Reservoirs Act 1975	Date of entry on the land
Section 18(1)(b) of that Act	Date of claim for disturbance
Section 7 of the M54Ancient Monuments and Archaeological Areas Act 1979	Date of the refusal, or grant subject to conditions, of scheduled monument consent
Section 9 of that Act	Date works ceased to be authorised
Section 46 of that Act	Date of entry on the land
F84Section 35A(4) of the Environmental Protection Act 1990	In the case of so much of the compensation as is payable under section 35A– (a)by virtue of paragraph (a) or (b) of regulation 4 (compensation following grant of rights) of the Waste Management Licences (Consultation and Compensation) Regulations 1999: the date of the depreciation; (b)by virtue of paragraph (c), (d) or (e) of that regulation: the date on which the loss is sustained or the damage is done; or where injurious affection is sustained: the date of the injurious affection; (c)by virtue of paragraph (6) of regulation 7 (basis on which compensation assessed) of those Regulations: the date on which the expenses become payable.
F85Section 78G(5) of that Act	In the case of so much of the compensation as is payable under section 78G– (a)by virtue of paragraph 4(a) or (b) of Schedule 2 (compensation for rights of entry etc.) to the Contaminated Land (England) Regulations 2000, the date of the depreciation; (b)by virtue of paragraph 4(c), (d) or (e) of that Schedule, the date on which the loss is sustained or the damage is done; or where inj urious affection is sustained, the date of the injurious affection; (c) by virtue of paragraph 5(6) of that Schedule, the date on which the expenses become payable. F86
Enactments extending to England and Wales
Section 31(3) of the M55Land Compensation Act 1961	Date of withdrawal of notice to treat
Section 11(3) of the M56Compulsory Purchase Act 1965	Date of entry on the land
F87 . . .	. . .
F87 . . .	. . .
F87 . . .	. . .
Section 23 of the M57Highways Act 1980	Date which would be the date from which interest is payable if the works were executed under Part V by a highway authority
Section 28(1) of that Act	Date of claim
Section 73(9) of that Act	Date of claim
Section 74(8) of that Act	Date of claim
Section 77(2) of that Act	In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Section 79(11) of that Act	In the case of loss, the date of the notice; and in the case of injurious affection, the date of claim
Section 79(12) of that Act	Date of service of the notice
Section 126(2) of that Act	Date of claim
Section 231 of that Act	In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Section 292(1) of that Act	In the case of damage, the date of entry; in the case of disturbance, the date of claim
Section 57 of the M58Public Health (Control of Disease) Act 1984	In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Section 106 of the M59Building Act 1984	In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
F87 . . .	. . .
F87 . . .	. . .
F87 . . .	. . .
F87 . . .	. . .
F87 . . .	. . .
F87 . . .	. . .
F87 . . .	. . .
F87 . . .	. . .
F87 . . .	. . .
F87 . . .	. . .
Section 107(1) of the principal Act	Date of order under section 97
Section 107(1) of that Act as applied by section 108(1)	Date planning permission is refused or granted subject to conditions
Section 115 of that Act	Date damage suffered or expenses incurred
Section 144(2) of that Act	Date of direction under section 141(3)
Section 186 of that Act	Date of service of stop notice
Section 203 of that Act	Date consent required by tree preservation order is refused or granted subject to conditions
Section 204 of that Act	Date direction is given by local planning authority or Secretary of State
Section 223 of that Act	Date expenses incurred
Section 250 of that Act	Date of order under section 249(2)
Section 279(1) of that Act	Date of decision made in accordance with section 266 or of order under section 97
Section 279(2) of that Act	Date right extinguished or requirement imposed
Section 28 of M60Planning (Listed Buildings and Conservation Areas) Act 1990	Date of order under section 23
Section 29 of that Act	Date building preservation notice served
Section 16 of the M61Planning (Hazardous Substances) Act 1990	Date of order under section 14(1)
Section 19 of that Act	Date of modification or revocation of hazardous substances consent
F88Section 161B of the Water Resources Act 1991	In the case of so much of the compensation as is payable under section 161B– (a)by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works Regulations 1999 (compensation following grant of rights), the date of the depreciation; (b)by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage done; or where injurious affection is sustained, the date of the injurious affection; (c)by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable.
F89Paragraph 1 of Schedule 9 to the Water Resources Act 1991	Date of entry upon or occupation or use of land
Paragraph 2(2) or (3) of that Schedule	Date of the ordinary drought order F90or the drought permit
Paragraph 2(4) of that Schedule	Date of decision to prohibit or limit the taking of water
Paragraph 2(5) of that Schedule	Date of suspension or variation of consent to make discharges or of the attachment of conditions to such consent
Paragraph 2(1) of Schedule 21 to that Act	Date of claim
Paragraph 2(2) or (3) of that Schedule	In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Paragraph 4(1)(b) of that Schedule	Date loss is caused or damage done
Paragraph 5(1) of that Schedule (including that provision as applied by paragraph 5(3)(b) of that Schedule)	Date of claim
Paragraph 2(1) of Schedule 12 to the Water Industry Act 1991	Date of claim
Paragraph 2(2) or (3) of that Schedule	In the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Paragraph 6(1)(b) of that Schedule	Date loss is caused or damage done
Section 14 of the Land Drainage Act 1991 (including that provision as applied by section 25(4)(b))	Date of claim
Section 22 of that Act	Date of claim
Section 29(5) of that Act (including that provision as applied by sections 30(3) and 31(5))	Date of claim
Enactments extending to Scotland
Section 2 of the M62Land Drainage (Scotland) Act 1930	Date loss is caused or damage done
Section 1 of the M63Land Drainage (Scotland) Act 1941	Date of injury or damage
Section 4 of the M64Land Drainage (Scotland) Act 1958	Date damage is suffered
Section 39(3) of the M65Land Compensation (Scotland) Act 1963	Date of withdrawal of notice to treat
F94~~F97Section 46B of the Control of Pollution Act 1974~~	~~In the case of so much of the compensation as is payable under section 46B–~~ a ~~by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works (Scotland) Regulations 2003 (loss and damage for which compensation payable), the date of the depreciation;~~ b by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage is done; or where injurious affection is sustained, the date of the injurious affection; c ~~by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable~~
F91Section 76 of the Town and Country Planning (Scotland) Act 1997	Date of order under section 65
Section 77 of that Act	Date permission is refused or granted subject to conditions
Section 83 of that Act	Date damage suffered or expenses incurred
Section 95 of that Act	Date of direction under section 92(3)
Section 143 of that Act	Date of service of stop notice
Section 165 of that Act	Date consent required by tree preservation order is refused or granted subject to conditions
Section 166 of that Act	Date requirement is imposed by planning authority or Secretary of State
Section 185 of that Act	Date expenses incurred
Section 204(1) of that Act	Date on which order takes effect
Section 232 of that Act	Date planning permission refused or granted subject to conditions
Paragraph 1 of Schedule 13 to that Act	Date order made
Section 25 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997	Date of order under section 21
Section 26 of that Act	Date building preservation notice served
Section 14 of the Planning (Hazardous Substances) (Scotland) Act 1997	Date of order revoking or modifying consent
Section 17 of that Act	Date of modification or revocation of consent
Section 10 of the M66Water (Scotland) Act 1980	Date damage sustained
Schedule 6 to that Act	Date source or land is affected or injury is sustained
Section 71 of the M67Roads (Scotland) Act 1984	Date access stopped up or limited
Section 72 of that Act	Date access stopped up
Section 83(8) of that Act	As regards expenses, date expenses incurred; as regards injurious effect, date injury sustained
Section 88(2) of that Act	Date on which damage sustained
Section 106 of that Act	As regards compulsory acquisition, date on which compulsory purchase notice first published; as regards acquisition by agreement, date agreement made.
Section 116 of that Act	Date on which damage sustained
Section 121 of that Act	Date on which damage done or materials removed
Section 140 of that Act	Date of damage or disturbance

I288Part II Provisions that Provide for Interest

Annotations:

Commencement Information

I288

Sch. 18 Pt. II partly in force; Sch. 18 Pt. II in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 Pt. II in force (S.) for certain purposes at 25.9.1991 by S.I. 1991/2092, art. 3

Enactments extending to England and Wales

Annotations:

Amendments (Textual)

F95

Sch. 18 Pt. II entry repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 9 (with s. 111); S.I. 2004/2593, art. 2(e)

F92

Words in Sch. 18 Pt. II substituted (1.4.1999) by S.I. 1999/648, art. 2(3)

Marginal Citations

M68

1961 c. 33.

M69

1965 c. 56.

M70

1973 c. 26.

M71

S.I. 1996/1022, amended by S.I. 1997/1965 and 1998/2.

Section 23 of the M68Land Compensation Act 1961 (permission for additional development granted after acquisition).

The following provisions of the M69Compulsory Purchase Act 1965—

section 5 (notice to treat ceasing to have effect), and
section 11(1) (entry on land under compulsory purchase powers).

The following provisions of the M70Land Compensation Act 1973—

section 18 (claims under Part I of that Act),
F95...
section 37(6) (disturbance payments), and
section 63(1) (injurious affection payments under section 10 of the Compulsory Purchase Act 1965).

F92Rule 32 of the Lands Tribunal Rules 1996 M71 (awards with interest by Lands Tribunal).

Enactments extending to Scotland

Annotations:

Marginal Citations

M72

M73

M74

M75

Sections 84 to 86 of the M72Lands Clauses Consolidation (Scotland) Act 1845.

Paragraph 3 of Schedule 2 to the M73Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

Section 31 (compensation where planning decision made after acquisition) of the M74Land Compensation (Scotland) Act 1963.

The following provisions of the M75Land Compensation (Scotland) Act 1973—

section 16 (interest on compensation),
section 33(6) (supplementary provisions about farm loss payments),
section 34(5) (disturbance payments for people without compensatable interests),
section 59 (interest on compensation for injurious affection where no land taken).

Section 78 of this Act.

C51 I295SCHEDULE 19 Repeals

Section 84.

Annotations:

Commencement Information

I295

Sch. 19: for commencement information relating to this Schedule see in force commentary attached to Pts. I-V respectively.

Modifications etc. (not altering text)

C51

Sch. 19 restricted (18.9.1991) so far as it relates to certain repeals in Pt. IV by S.I. 1991/2092, art. 4, Sch. 2 Pt.I para. 6, Pt.II para. 8

I290Part I Planning: England and Wales

Annotations:

Commencement Information

I290

Sch. 19 Pt. I wholly in force; Sch. 19 Pt. I not in force at Royal Assent see s. 84(2); Sch. 19 Pt. I in force in so far as it relates to specified repeals as follows: at 25.9.1991 by S.I. 1991/2067, art. 3, Sch. 1; at 2.1.1992 by S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5 of that S.I.); at 10.2.1992 by S.I. 1991/2905, art. 4, Sch. 3; at 6.4.1992 by S.I. 1992/665, art. 2; at 17.7.1992 by S.I. 1992/1491, art. 2, Sch. 2; at 27.7.1992 by S.I. 1992/1630, art. 2, Sch. 2; at 9.11.1992 by S.I. 1992/2831, art. 2, Sch.

Chapter	Short title	Extent of repeal
1976 c. 57.	Local Government (Miscellaneous Provisions) Act 1976.	In section 7(5) paragraph (a)(iii).
1990 c. 8.	Town and Country Planning Act 1990.	In section 12(4)(a), “other” (in the second place where it occurs) and “or for any description of development or other use of such land”.
		Section 14(3).
		In section 21(2) “Subject to section 22”.
		Section 22.
		Section 23(2) to (4), (9) and (10).
		In section 49 “repeal”.
		In section 50, in subsection (1) “for the repeal and”, subsections (2) and (3), in subsections (4) and (5) “repeal and”, in subsection (6) “repeal”, in paragraph (a) the words from the beginning to “except that”, “or 40(2)(a)” and “or 40(3)” and in paragraph (b) “and they may do so as respects any part of their area to which the proposals relate” and in subsection (8) “repeal” and “in accordance with the provisions of the relevant local plan scheme”.
		In section 51(1) “repeal” (in both places).
		Section 52(2) and (3).
		In section 53, in subsections (1) and (2)(b) “repeal”, in subsection (2)(g) “repealing” and subsection (5).
		Section 55(6).
		Section 63.
		Section 64.
		In section 69, in subsection (1) “made to that authority” and in subsection (3) “made to the authority”.
		In section 74(2) “section 71 of this Act and”.
		In section 97(5) the words from “and Part II of Schedule 5” to the end.
		In section 176(4) “in writing”.
		In section 178(2) “(as defined in section 172(3))”.
		In section 186(1)(c) the words from “or for its retention” to “granted”.
		In section 188(1) the “and” immediately preceding paragraph (b).
		Section 190(4).
		In section 196 “an application referred to him under section 192(5) or” (in subsection (1)), and “an application or” (in subsection (3)), and subsections (5) to (7).
		In section 198(4)(a) “to 68”.
		In section 210, in subsection (3) “on indictment” and subsection (5).
		Section 219(6).
		In section 220(3)(a) “to 68”.
		Section 221(7) to (9).
		Section 250(2).
		Section 266(3).
		In section 284, in subsection (1)(a) “repeal” (in both places) and in subsection (3)(g) the words from “on an application” to “or”.
		In section 285, in subsection (1) “Subject to the provisions of this section”, in subsection (2) “(6) to (8)” and subsections (5) and (6).
		Section 286(1)(b).
		In section 287(1), (2), (3) and (5) “repeal” in each place where it occurs.
		Section 290.
		In section 306(2) “repeal”.
		In section 324, in subsection (1)(b) “198 to 200”, in subsection (1)(c) “Part VII” and subsection (2).
		In section 336(1), the definitions of “development consisting of the winning and working of minerals”, “established use certificate” and “mineral compensation modifications”, in the definition of “owner” the words “(except in sections 66, 67 and 71)”, in the definition of “planning permission” the words from “and in construing” to the end, the definitions of “relevant order”, “restriction on the winning and working of minerals” and “special consultations” and in section 336(9) “(1) to (3)”.
		In Schedule 1, paragraphs 1(2), 3(3) to (6), 4(1) and 9(2) and (3).
		In Schedule 2, in Part I paragraphs 3, 5 and 6, and in Part II paragraphs 3 to 16 and 18.
		In Schedule 5, in paragraph 1(6) “consisting of the winning and working of minerals”.
		In Schedule 6, in paragraph 2, in sub-paragraph (1)(c) “and subsection (5) of section 196” and in sub-paragraph (8) “or 290”.
		In Schedule 7, in paragraph 13(2)(e) the words from “for the purpose” to “6(2)”.
		Schedule 11.
		In Schedule 13, Notes (2) and (5) to paragraph 2, in Note (3) to paragraph 2 “also”, in Note (1)(b) to paragraph 3 “or under section 22”, in Note (2) to paragraph 3 “13(7) or”, in Note (1)(b) to paragraph 4 “or under section 22” and in Note (2) to paragraph 4 “13(7) or”.
		In Schedule 16, in Part I, in the entry relating to section 77 “(2) and (9), 66 and 67”, in the entry relating to sections 78 and 79 the words from “with” to the end and in the entry relating to section 285 “except subsections (5) and (6)”; and in Part III, the entries relating to sections 312(2) and 324(4); and Parts IV and V.
1990 c. 9.	Planning (Listed Buildings and Conservation Areas) Act 1990.	In section 9(5) “on indictment”.
		In section 38(2) “within such period as may be so specified”.
		In section 39(7) “in writing”.
		Section 42(7).
		Section 55(6).
		In section 88(6) “or the presence of minerals in it”.
		In section 90(6)(b) “and 42(6)”.
		In section 92(2)(b) “and 42(6)”.
1990 c. 10.	Planning (Hazardous Substances) Act 1990.	In section 25(1)(c) “(1) to (5) and (7)”.
		In section 36(5) “Subject to subsection (6)”.
1990 c. 11.	Planning (Consequential Provisions) Act 1990.	In Schedule 2, paragraphs 3(2), 35(1)(b) and 38.
		In Schedule 4, in paragraph 1, in the Table the entry relating to section 9(4) of the 1971 Act and paragraph 2 of the Schedule, and paragraph 2 of the Schedule.

I291 C48Part IIPlanning Compensation Repeals

Annotations:

Commencement Information

I291

Sch. 19 Pt. II wholly in force; Sch. 19 Pt. II in force at Royal Assent in relation to specified repeals see s. 84(4); Sch. 19 Pt. II in force in so far as not already in force at 25.9.1991 by S.I. 1991/2067, art. 3.

Modifications etc. (not altering text)

C48

Sch. 19 Pt. II restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt. II para. 7(1)

Chapter	Short title	Extent of repeal
1961 c. 33.	Land Compensation Act 1961.	In section 15(4) paragraphs (a) and (b).
1965 c. 36.	Gas Act 1965.	In Schedule 3, paragraph 3.
1968 c. 14.	Public Expenditure and Receipts Act 1968.	In Schedule 3, paragraph 7(b).
1973 c. 26.	Land Compensation Act 1973.	In section 5(3), paragraphs (a) and (b).
1982 c. 16.	Civil Aviation Act 1982.	In section 53(1)(a) “114”.
1986 c. 31.	Airports Act 1986.	In section 61(1)(a) “114”.
1990 c. 8.	Town and Country Planning Act 1990.	Section 55(6).
		Sections 80 and 81.
		In section 111(1) and (2) “new” (in both places).
		In section 112, in subsection (9) “new”, subsection (12)(a) and in subsection (13) “paragraph (a) or paragraph (b) of”.
		Sections 113 and 114.
		Part V.
		In section 198(4)(a) “80, 81”.
		In section 220(3)(a) “80, 81”.
		In section 262(4) and (7)(a) “123”.
		In section 263(3) “123(3) and (4)”.
		Section 284(3)(c).
		In section 308, in subsection (1)(b) “or 132(1)”, in subsection (2) “or, as the case may be, section 132(4)” and in subsection (6) “and in section 309”.
		Section 309.
		In section 310 “or 309”.
		In section 311(1)(b) “or V”.
		Section 312.
		In section 313 “Without prejudice to section 312, and”.
		In section 315(2), the words from “and in relation” to “in respect of such land”.
		Section 324(4).
		Sections 326 and 327.
		In section 336(1) the definitions of “new development” and “previous apportionment”.
		In Schedule 1, in paragraph 16(1) “114”.
		In Schedule 3, paragraphs 3 to 8, 11 and 14.
		Schedule 12.
		In Schedule 16, in Parts III and VI, the entries relating to Schedule 12.
1990 c. 9.	Planning (Listed Buildings and Conservation Areas) Act 1990.	Section 27.
		In section 30, subsection (1)(a) and in subsection (2) “27”.
		In section 49 the words from “other than” to the end.
		In section 88(4) “27”.
		In section 91(2) “new development”.
1990 c. 11.	Planning (Consequential Provisions) Act 1990.	In Schedule 2, paragraphs 12(3)(a), 18, 24(3)(a)(i) and, in paragraph 29(2) paragraph (a) and, in paragraph (b), sub-paragraphs (i) and (ii).

The repeals in Part II have effect subject to section 31(7) and (8) of this Act and paragraphs 1(2), 5(2) and 13(2) of Schedule 6.

I292 C49Part III Land Compensation: England and Wales

Annotations:

Commencement Information

I292

Sch. 19 Pt. III wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3 (subject to art. 4 of that S.I.).

Modifications etc. (not altering text)

C49

Sch. 19 Pt. III restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt. I para. 6, Pt. II para. 7(2)

Chapter	Short title	Extent of repeal
1961 c. 33.	Land Compensation Act 1961.	In section 5, in rule (3), “the special needs of a particular purchaser or”.
		Section 17(8).
		Section 22(3).
1973 c. 26.	Land Compensation Act 1973.	In section 29, in subsection (1) “passed the resolution” in paragraph (ii) and the “and” following paragraph (iii), in subsection (3A) the words from “of the service” to “(1)(b) above” and subsection (5).
		Section 34(6).
		In section 52(10), the words following “unpaid”.
1973 c. 56.	Land Compensation (Scotland) Act 1973.	In Part II of Schedule 2, the entry for section 33(4) of the Land Compensation Act 1973.
1980 c. 65.	Local Government, Planning and Land Act 1980.	Section 114(2).
1981 c. 67.	Acquisition of Land Act 1981.	Section 20.Paragraph 7 of Schedule 3.
1985 c. 71.	Housing (Consequential Provisions) Act 1985.	In Schedule 2, paragraph 24(2)(c).
1986 c. 63.	Housing and Planning Act 1986.	Section 9(3)(c).
1990 c. 8.	Town and Country Planning Act 1990.	In section 231, the words from “for a purpose” to “is situated”.
1990 c. 11.	Planning (Consequential Provisions) Act 1990.	In Schedule 2, paragraph 29(4).

I293 C50Part IV Scotland

Annotations:

Commencement Information

I293

Sch. 19 Pt. IV partly in force; Sch. 19 Pt. IV in force at Royal Assent in so far as it relates to specified repeals see s. 84(2)(4); Sch. 19 Pt. IV in force in so far as it relates to further specified repeals as follows: at 25.9.1991 by S.I. 1991/2067, art. 3, Sch. 1 and by S.I. 1991/2092, art. 3; at 26.3.1992 by S.I. 1992/334, art. 4, Sch. 1 (subject to art. 5 of that S.I.); at 25.9.1992 by S.I. 1992/1937, art. 4, Sch. (subject to art. 5 of that S.I.); at 3.2.1995 by 1994/3292, art. 3

Amendments (Textual)

F93

Entries relating to the Town and Country Planning (Scotland) Act 1972 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I (with s. 5, Sch. 3)

Modifications etc. (not altering text)

C50

Sch. 19 restricted (18.9.1991) in so far as it relates to certain repeals in Pt. IV by S.I. 1991/2092, art. 4, Sch. 2 Pt. I para. 6, Pt. II para. 8

Chapter	Short title	Extent of repeal
1963 c.51	Land Compensation (Scotland) Act 1963.	In section 12, in rule 3, the words “the special needs of a particular purchaser or”.
		Section 23(4)(a) and (b).
		Section 25(8).
		Section 30(3).
1965 c. 36.	Gas Act 1965.	In Schedule 3, paragraph 3.
1968 c. 14.	Public Expenditure and Receipts Act 1968.	In Schedule 3, paragraph 7(a).
F93. . .	. . .	. . .
1973 c. 56.	Land Compensation (Scotland) Act 1973.	Section 5(3)(a) and (b).
		In section 27, in subsection (1), the words “passed the resolution” in paragraph (ii), and the word “and” following paragraph (iii); and subsection (5).
		Section 31(6).
		Section 48(9)(b).
		In Part II of Schedule 2, the entry for section 33(4) of the Land Compensation Act 1973.
1980 c. 65.	Local Government, Planning and Land Act 1980.	Section 114(2).
1982 c. 16.	Civil Aviation Act 1982.	In section 53(1)(a), the word “158”.
1986 c. 31.	Airports Act 1986.	In section 61(1)(a), the word “158”.

I294Part V New Street Byelaws

Annotations:

Commencement Information

I294

Sch. 19 Pt. V wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

Chapter	Short title	Extent of repeal
1980 c. 66.	Highways Act 1980.	Part X.
		Section 203(2)(b)(ii).
		In section 232(9), in the definition of “byelaw width”, the word “byelaws”.
		In section 307(1) the words “193, 200(2)”.
		Section 325(1)(c).
		In section 326(1) the words “or 186”.
		In Schedule 22 paragraph 4.
		In Schedule 23 paragraphs 10 and 11.
1985 c. 51.	Local Government Act 1985.	In Schedule 4, paragraphs 29 to 32.
1985 c. 68.	Housing Act 1985.	In section 622, in the definition of “building regulations”, paragraph (b).
1990 c. 8.	Town and Country Planning Act 1990.	In paragraph 2 of Schedule 17 the words— “Sections 188, 193 and 196 Section 200(2) and (4)”.
		In Schedule 17, in paragraph 3, sub-paragraphs (a) and (c)(iii).

The repeals in Part V are subject to the savings in section 81(2) of this Act.