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Town and Country Planning Act 1959

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Compensation for Compulsory Acquisition of Land

    1. 1.General provisions as to measure of compensation

    2. 2.Assumptions as to planning permission

    3. 3.Assumptions not directly derived from development plans

    4. 4.Special assumptions in respect of certain land comprised in development plans

    5. 5.Certification of appropriate alternative development

    6. 6.Appeals against certificates under s. 5

    7. 7.Extension of ss. 5 and 6 to special cases

    8. 8.Supplementary provisions as to certification of appropriate alternative development

    9. 9.Modification of rules for assessment of compensation

    10. 10.Acquisition of houses unfit for human habitation

    11. 11.War-damaged land

    12. 12.Other special cases

    13. 13.Power to pay allowances to persons displaced

    14. 14.Long-standing notices to treat

    15. 15.Rights of owner where notice given of intention to proceed

    16. 16.Recent entry under long-standing notice to treat

    17. 17.Outstanding right to compensation for refusal, conditional grant, revocation or modification of planning permission

    18. 18.Additional compensation for new planning permission in respect of land acquired

    19. 19.Supplementary provisions as to compensation under s. 18

    20. 20.Extension of ss. 18 and 19 to planning permission where no planning decision made

    21. 21.Extension of s. 18 to Crown development

  3. PART II Acquisition, Appropriation and Disposal of Land by Local Authorities and other Public Bodies

    1. 22.Exercise of powers of acquisition by agreement

    2. 23.Exercise of powers of appropriation

    3. 24.Adjustment of accounts on appropriation of land

    4. 25.Amendment of s. 21 of Land Settlement (Scotland) Act, 1919

    5. 26.Exercise of powers of disposing of land

    6. 27.Application of capital money on disposal of land

    7. 28.Appropriation of land by parish councils and parish meetings

    8. 29.Protection of persons deriving title under transactions requiring consent

    9. 30.General provisions relating to Part II

  4. PART III Administrative Procedures and Related Proceedings

    1. 31.Proceedings for challenging validity of certain orders and decisions

    2. 32.Appeals from certain decisions under Town and Country Planning Acts

    3. 33.Procedure in connection with statutory inquiries

    4. 34.Inquiries as to compulsory purchase of land for parish councils

    5. 35.Provisions as to purchase notices

    6. 36.Publication of notice of applications for planning permission

    7. 37.Notification of applications for planning permission to owners and agricultural tenants

    8. 38.Enforcement of limitations imposed by development orders

  5. PART IV Obligation to purchase interests of owner-occupiers affected by planning proposals

    1. 39.Notice requiring purchase of owner-occupier's interest

    2. 40.Objection to notice requiring purchase of claimant's interest

    3. 41.Reference of objection to Lands Tribunal

    4. 42.Effect of valid notice requiring purchase of claimant's interest

    5. 43.Supplementary provisions relating to Part IV

  6. PART V Miscellaneous and Supplementary Provisions

    1. 44.Land declared (otherwise than by development plan) to be subject to compulsory purchase

    2. 45.Compensation for damage to requisitioned land

    3. 46.Acquisition of land in connection with town development in England and Wales

    4. 47.Acquisition of land in connection with town development schemes in Scotland

    5. 48.Acquisition of land for highways

    6. 49.Advances to highway authorities in respect of land acquired for highways

    7. 50.Amendment, of s. 81 of Lands Clauses Consolidation (Scotland) Act, 1845

    8. 51.Recovery of certain sums from acquiring authorities

    9. 52.Application of Act to Crown

    10. 53.Special provision as to ecclesiastical property in England

    11. 54.Adjustment of unexpended balances of established development value

    12. 55.Provisions as to inquiries, notices, regulations and orders

    13. 56.Financial provisions

    14. 57.Interpretation

    15. 58.Minor and consequential amendments and repeals

    16. 59.Short title, citation, commencement and extent

  7. SCHEDULES

    1. FIRST SCHEDULE

      Special Provisions relating to Section Nine

      1. PART I

        1. Provisions for taking account of increases in value of contiguous or adjacent land

          1. 1.Subsection (4) of section nine of this Act shall not...

          2. 2.Subsection (4) of section nine of this Act shall also...

          3. 3.Where any such local enactment as is mentioned in the...

          4. 4.(1) Where, for the purpose of assessing compensation in respect...

          5. 5.In the application of this Schedule to Scotland, for any...

      2. PART II

        1. Special provisions as to new towns

          1. 6.(1) The provisions of this Part of this Schedule shall...

          2. 7.Land shall not be treated as falling within the case...

          3. 8.In determining whether the relevant land forms part of such...

          4. 9.For the purpose of determining whether any development, of which...

          5. 10.This Part of this Schedule, except paragraph 8 thereof, shall...

    2. SECOND SCHEDULE

      Acquisition of Houses as being unfit for Human Habitation

      1. PART I

        1. Provisions for England and Wales

          1. 1.(1) Where, in the case of a compulsory acquisition to...

          2. 2.(1) The provisions of this paragraph shall have effect in...

          3. 3.(1) The provisions of this paragraph shall have effect in...

          4. 4.The following provisions of the Act of 1957, that is...

          5. 5.(1) Where, in the case of a compulsory acquisition to...

          6. 6.(1) Where a local authority have before the commencement of...

          7. 7.In this Part of this Schedule " house" has the...

          8. 8.This Part of this Schedule shall not apply to Scotland....

      2. PART II

        1. Provisions for Scotland

          1. 1.(1) The provisions of this paragraph shall have effect in...

          2. 2.(1) The provisions of this paragraph shall have effect in...

          3. 3.Paragraph 3 of the Fourth Schedule to the Act of...

          4. 4.(1) Where, in the case of a compulsory acquisition to...

          5. 5.(1) Where a local authority have before the commencement of...

          6. 6.In this Part of this Schedule " Act of 1950...

          7. 7.This Part of this Schedule shall apply to Scotland only....

    3. THIRD SCHEDULE

      Application of Section Eighteen to Special Cases

      1. Disturbance, severance and injurious affection

        1. 1.The provisions of the next following paragraph shall have effect...

        2. 2.(1) Subject to the next following sub-paragraph,—

      2. Increase in value of contiguous or adjacent land

        1. 3.The provisions of the next following paragraph shall have effect...

        2. 4.(1) Subject to the following provisions of this paragraph—

      3. Mortgaged land

        1. 5.Subject to the provisions of this Schedule relating to settled...

        2. 6.For the purposes of the application of section eighteen or...

        3. 7.No compensation shall be payable toy virtue of section eighteen...

      4. Settled land

        1. 8.(1) Where, in a case falling within subsection (1) of...

      5. General provisions

        1. 9.In any case Where the conditions mentioned both in paragraph...

        2. 10.(1) The provisions of this Schedule shall have effect, in...

        3. 11.In this Schedule "the relevant date" has the same meaning...

      6. Application to Scotland

        1. 12.In the application of the foregoing provisions of this Schedule...

        2. 13.(1) Where in a case falling within paragraph (c) of...

    4. FOURTH SCHEDULE

      Authorities to whom Part II applies

      1. PART I

        1. Authorities in England and Wales

          1. 1.The council of a county, county borough or county district,...

          2. 2.The Common Council of the City of London.

          3. 3.The Council of the Isles of Scilly.

          4. 4.A joint education board constituted under Part I of the...

          5. 5.A joint planning board constituted under subsection (2) of section...

          6. 6.A joint board constituted under any of the provisions of...

          7. 7.A coast protection board constituted under section two of the...

          8. 8.A combined police authority within the meaning of the Police...

          9. 9.A fire authority constituted by a combination scheme under section...

          10. 10.A river board established under the River Boards Act, 1948....

          11. 11.A drainage authority (other than a river board) within the...

          12. 12.Any body of persons (not falling within any of the...

          13. 13.Any joint board established by or under a local enactment...

      2. PART II

        1. Authorities in Scotland

          1. 1.A local authority within the meaning of the Local Government...

          2. 2.A joint board or joint committee constituted for the purpose...

          3. 3.A local water authority within the meaning of the Water...

          4. 4.A river purification board established under the Rivers (Prevention of...

          5. 5.Any authority constituted under a local enactment

    5. FIFTH SCHEDULE

      Supplementary Provisions as to Purchase of Owner-Occupier's Interest

      1. Interpretation of Part IV of Act

        1. 1.(1) If any question arises— (a) whether the appropriate authority...

        2. 2.(1) The definition of " the appropriate enactment" in Part...

        3. 3.(1) The provisions of this paragraph shall have effect in...

        4. 4.Where, in accordance with the last preceding paragraph, land whereof...

        5. 5.(1) For the purposes of the application of Part IV...

      2. Compensation for compulsory acquisition in pursuance of notice under Part IV of Act

        1. 6.The compensation payable in respect of a compulsory acquisition in...

        2. 7.The compensation payable in respect of a compulsory acquisition in...

      3. Withdrawal of notice under Part IV of Act

        1. 8.Subject to the next following paragraph, the person by whom...

        2. 9.A person shall not be entitled by virtue of the...

        3. 10.No compensation shall be payable in respect of the withdrawal...

      4. Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire

        1. 11.(1) The provisions of this paragraph shall have effect where...

        2. 12.(1) The provisions of this paragraph shall have effect where...

      5. Supplementary and general provisions

        1. 13.(1) In relation to any time after the death of...

        2. 14.Without prejudice to the provisions of paragraph 8 of this...

        3. 15.Expressions used in this Schedule and in Part IV of...

        4. 16.Where by any provision of this Schedule power is conferred...

        5. 17.In the application of this Schedule to Scotland, for any...

    6. SIXTH SCHEDULE

      Reduction or Extinguishment of Unexpended Balance of Established Development Value

      1. PART I General Provisions

        1. 1.(1) Where in the case of— (a) a compulsory acquisition...

        2. 2.(1) Where, in connection with a compulsory acquisition to which...

        3. 3.The last preceding paragraph shall have effect in relation to...

        4. 4.In this Schedule " interest in land ", " unexpended...

        5. 5.In the application of this Part of this Schedule to...

      2. PART II Special Provisions for Apportionment in England and Wales

        1. Determination of relevant area

          1. 6.(1) Where, in the case of a compulsory acquisition to...

        2. Preliminary calculations

          1. 7.There shall be calculated the amount referable to the relevant...

          2. 8.(1) If in the case of an interest in fee...

          3. 9.In the case of any interest in reversion—

        3. Apportionment of unexpended balance between interests

          1. 10.Where two or more interests (other than excepted interests) subsist...

        4. Interpretation

          1. 11.In this Part of this Schedule— (a) " tenancy "...

          2. 12.This Part of this Schedule shall not apply to Scotland....

      3. PART III Special Provisions for Apportionment in Scotland

        1. Determination of relevant area

          1. 13.(1) Where, in the case of a compulsory acquisition to...

        2. Preliminary calculations

          1. 14.In the case of the interest of the lessor under...

        3. Apportionment of unexpended balance between interests

          1. 15.Where two or more interests other than excepted interests, subsist...

        4. Interpretation

          1. 16.In this Part of this Schedule the expression " lease...

          2. 17.This Part of this Schedule shall apply to Scotland only....

    7. SEVENTH SCHEDULE

      Enactments Amended

      1. The Agriculture Act, 1947

      2. The Town and Country Planning Act, 1947

      3. The Town and Country Planning (Scotland) Act, 1947

      4. The Town and Country Planning Act, 1954

      5. The Town and Country Planning (Scotland) Act, 1954

      6. The Housing Act, 1957

    8. EIGHTH SCHEDULE

      Enactments Repealed

    9. NINTH SCHEDULE

      Section Nineteen of the Town and Country Planning Act, 1947, as amended

    10. TENTH SCHEDULE

      Section Seventeen of the Town and Country Planning (Scotland) Act, 1947, as amended

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