S. v. FINLAND
In a non-metropolitan county— and references in the planning Acts to a local planning authority in relation to a non-metropolitan county shall be construed, subject to any express provision to the contrary, as references to both the county planning authority and the district planning authorities.
the council of a county is the county planning authority for the county, and
the council of a district is the district planning authority for the district,
The council of a metropolitan district is the local planning authority for the district and the council of a London borough is the local planning authority for the borough. But, in the case of a London borough, see also sections 2A to 2E (Mayor of London).
Subsection (1) does not apply in relation to Wales.
In Wales—
the local planning authority for a county is the county council; and
the local planning authority for a county borough is the county borough council.
In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) . . . all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities.
In this Act “mineral planning authority” means—
in respect of a site in a non-metropolitan county, the county planning authority; and
in respect of a site in a metropolitan district or London borough, the local planning authority.
This section has effect subject to any express provision to the contrary in the planning Acts and, in particular—
this section has effect subject to sections 4Ato8A of this Act . . .; and
subsections (1) to (2) have effect subject to sections 2 and 9; and
subsection (3) has effect subject to . . . Schedule 1 (which contains provisions as to the exercise of certain functions under this Act by particular authorities and liaison between them) and Part 1A of Schedule 7A (Biodiversity Gain in England: Local Planning Authority).
Subsection (4) does not apply in relation to Wales.
As to any site in Wales, the local planning authority is also the mineral planning authority.
The exercise, in relation to Wales, of functions conferred on local planning authorities is subject to . . . Schedule 1A.
If it appears to the Secretary of State that it is expedient that a joint board should be established as the county planning authority for the areas or parts of the areas of any two or more county councils or as the district planning authority for the areas or parts of the areas of any two or more district councils, he may by order—
constitute those areas or parts as a united district for the purposes of this Act; and
constitute a joint board . . . as the county planning authority or, as the case may be, the district planning authority for that united district.
The Secretary of State shall not make an order under subsection (1) or (1B) except after holding a local inquiry unless all the councils concerned have consented to the making of the order.
Subsection (1) does not apply in relation to Wales.
If it appears to the Secretary of State that it is expedient that a joint board should be established as the local planning authority for two or more areas, each of which is the whole or part of a Welsh county or county borough, he may by order—
constitute those areas or parts as a united district for the purposes of this Act; and
constitute a joint board as the local planning authority for that united district.
Where a joint planning board is constituted for a united district, references in the planning Acts to the area of a local planning authority—
in relation to the board, shall be construed as references to that district; and
in relation to any local planning authority being the council of a county or county borough or district of which part (but not the whole) is included in the united district, shall be construed as references to so much of the county or county borough or district as is not so included.
A joint planning board constituted by an order under subsection (1) or (1B) shall consist of such number of members as may be determined by the order, to be appointed by the constituent councils.
A joint board constituted under subsection (1) or (1B) shall be known as a “joint planning board”.
The areas that may be constituted as a united district for the purposes of this section shall not include the whole or any part of an area which is comprised in a National Park for which there is a National Park authority.
A joint planning board so constituted shall be a body corporate, with perpetual succession and a common seal.
An order constituting a joint planning board and any order amending or revoking any order constituting a joint planning board—
may, without prejudice to the provisions of section 241 of the Local Government Act 1972 (which authorises the application of the provisions of that Act to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent councils;
may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and apportionment of liabilities;
may contain such other provisions as appear to the Secretary of State to be expedient for enabling the board to exercise their functions; and
may apply to the board, with any necessary modifications and adaptations, any of the provisions of sections 102 and 103 of the Local Government Act 1972.
This section shall have effect subject to sections 5 to 9 of this Act . . ..
Section 241 of the Local Government Act 1972 shall be taken to authorise the application to a joint planning board, by such an order as is mentioned in subsection (6) above, of any provisions mentioned in subsection (6B) below (as well as any provisions of the Local Government Act 1972), subject to any necessary modifications.
The provisions referred to in subsection (6A) above are—
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Part 2 of the Public Audit (Wales) Act 2004, except sections 25, 26, 46 to 49 and 56.
The joint planning committee for Greater London established under section 5 of the Local Government Act 1985 shall continue to discharge the functions mentioned in subsection (2).
The joint planning committee shall— and the committee may, if it thinks fit, contribute towards the expenses of any such body as is mentioned in paragraph (c).
consider and advise the local planning authorities in Greater London on matters of common interest relating to the planning and development of Greater London;
inform the Secretary of State of the views of those authorities concerning such matters including any such matters as to which he has requested their advice;
inform the local planning authorities for areas in the vicinity of Greater London, or any body on which those authorities and the local planning authorities in Greater London are represented, of the views of the local planning authorities in Greater London concerning any matters of common interest relating to the planning and development of Greater London and those areas;
The expenses of the joint planning committee which have been incurred with the approval of at least two-thirds of the local planning authorities in Greater London shall be defrayed by those authorities in such proportions as they may decide or, in default of a decision by them, as the Secretary of State may determine.
References in this section to the local planning authorities in Greater London are to the authorities which are local planning authorities for the purposes of Part II.
Where an application to which this section applies is made to a local planning authority— the Mayor of London may direct that he is to be the local planning authority for the purposes of determining the application.
for planning permission or permission in principle (see section 70), or
for planning permission without complying with conditions subject to which a previous planning permission was granted (see section 73),
Subsection (1) does not apply if the local planning authority is a Mayoral development corporation.
Where this section applies to an application for planning permission or permission in principle made to the Secretary of State under section 62A, the Mayor of London may direct—
that the application is to be treated as having been made to the local planning authority (and not to the Secretary of State under section 62A), and
that the Mayor of London is to be the local planning authority for the purposes of determining the application.
The circumstances in which, and the conditions subject to which, the Mayor may give a direction under subsection (1) or (1B) may be prescribed by, or by directions given under, an order under this section.
This section applies to an application if—
the land to which the application relates is in Greater London (but is not in an area of Greater London prescribed by an order under this section), and
the application is an application of potential strategic importance.
For the purposes of this section “application of potential strategic importance” is to be construed in accordance with an order under this section.
So far as the context requires, in relation to— any reference in an enactment to a local planning authority or a hazardous substances authority includes a reference to the Mayor of London. This subsection is subject to any provision made by an order under this section by virtue of section 2D(2).
the determination of an application by virtue of this section, or
the determination of a connected application by virtue of section 2B,
An order under this section—
may make different provision for different cases or different areas;
may prescribe matters by reference to the spatial development strategy, or a local plan, document which is or forms part of a minerals and waste plan or supplementary plan (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time;
may make provision for exceptions or exclusions.
Sections 2B to 2D and 2F contain provisions supplementing this section.
In deciding whether to give a direction under section 2A, the Mayor of London is to have regard to guidance issued by the Secretary of State.
A direction under section 2A must include the Mayor of London's reasons for giving it.
If the Mayor of London gives a direction under section 2A, he must at that time send a copy of the direction to the applicant and to the Secretary of State.
Subsection (5) applies where the Mayor of London—
gives a direction under section 2A in the case of any application, and
considers that an application falling within subsection (6) (the “connected application”) is connected with that application.
Where this subsection applies, the Mayor of London is to be—
the local planning authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(a) or (b)), or
the hazardous substances authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(c)).
The applications are—
an application for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,
an application for conservation area consent under that Act,
an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990.
In subsection (6)—
the reference to an application for listed building consent includes a reference to an application for the variation or discharge of conditions subject to which listed building consent has been granted, and
the reference to an application for hazardous substances consent includes a reference to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted.
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As respects an area in a National Park outside a metropolitan county all functions conferred by or under the planning Acts on a local planning authority or district planning authority shall, subject to subsections (2) and (3), be functions of the county planning authority and no other authority, and references in those Acts in their application to a National Park outside a metropolitan county to a local planning authority or district planning authority shall be construed accordingly.
The functions conferred on a local planning authority by sections 198 to 201, 206 to 209 and 211 to 215 shall as respects any part of a National Park outside a metropolitan county be exercisable concurrently with the county planning authority by the district planning authority whose area includes that part of the Park.
Where an order is made under section 7 of the National Parks and Access to the Countryside Act 1949 designating or extending the area of a National Park, the functions exercisable by a local planning authority immediately before the coming into force of the order for any area which under the order becomes part of the Park shall continue to be exercisable by that authority as respects that area unless and until a joint planning board is constituted under section 2 or a National Park Committee is appointed under Part I of Schedule 17 to the Local Government Act 1972 for an area co-terminous with or including that area or, as the case may be, is authorised to exercise those functions.
Where a joint planning board for a National Park situated partly in one or more metropolitan counties is the local planning authority as respects the part of the Park situated in that county or those counties, it shall continue to be so.
For the purposes of Chapter I of Part VIII , and sections 90A, 249, 250 , 293B to 293J and 300, and Schedule 7A and any other provision of this Act so far as it has effect for the purposes of those provisions, “local planning authority”, in relation to land in the Broads, includes the Broads Authority.
For the purposes of the provisions mentioned in subsection (3) the Broads Authority shall be the sole district planning authority for the Broads.
The provisions referred to in subsection (2) are Part II, sections 61E to 61Q, 62, 65, 69 to 72, 76 to 79, 91 to 95, 96A to 99, 102, 103, 106 to 106BC, 171C, 172, 173, 173A 178, 183, 184, 187A, 187B 188, 191 to 197, 211 to 214, 215, 219 to 221, 224, 294, 295, 297, 299, 299A 301, 316 and 324(1) and (7) and Schedules 4B and 4C.
If the Mayor of London has— he may, on an application for subsequent approval of reserved matters, direct that the application is to be decided by the local planning authority to whom the original application was made or to whom the original application would have been made had it not been made to the Secretary of State under section 62A.
given a direction under section 2A in relation to an application (“the original application”), and
granted outline planning permission,
“Outline planning permission” has the meaning given by section 92(1).
If the Mayor of London has— he may, on an application for subsequent approval, direct that the application is to be decided by the local planning authority to whom the connected application was made.
granted an application for listed building consent which is a connected application for the purposes of section 2B, and
imposed conditions requiring specified details to be approved subsequently,
An order under section 2A may make provision—
in relation to applications to which section 2A applies,
in relation to applications which are connected applications by virtue of section 2B,
in relation to the procedures to be followed for or in connection with applications mentioned in paragraph (a) or (b),
otherwise for the purpose of implementing or supplementing section 2A, 2B or 2C.
The provision which may be made by virtue of subsection (1) includes the application of any enactment (with or without modification) in relation to cases where, by virtue of section 2A or 2B or an order under section 2A, the Mayor of London exercises a function that would otherwise have been exercisable by another body or person.
Such provision may include, in particular, provision for the Mayor of London to exercise functions in relation to enforcement (instead of, or as well as, a local planning authority).
An order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the local planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order.
Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under that paragraph may provide that the enterprise zone authority shall be the local planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development.
Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect subject to any such modifications) and to the extent that it is not already, the local planning authority for the zone in place of any authority who would otherwise be the local planning authority for the zone.
The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1).
Such regulations may modify any provision of the planning Acts or any instrument made under any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.
Where an order is made under subsection (1) of section 149 of the Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporation specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.
Where an order under subsection (3)(a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.
This section is subject to section 8A.
This section applies where the Mayor of London has given a direction under section 2A in relation to a planning application.
Where this section applies, the function of agreeing a planning obligation related to the application is a function of the Mayor of London instead of a function of the local planning authority.
In this section “planning obligation” means a planning obligation under section 106.
The Mayor of London must consult the local planning authority before agreeing any planning obligation by virtue of this section.
Any planning obligation entered into in relation to the application—
is enforceable by the Mayor of London, and
is also enforceable by the local planning authority.
This section applies to—
an application in relation to which a direction has been given under section 2A, and
an application which is a connected application for the purposes of section 2B.
Before determining an application to which this section applies, the Mayor of London must give— an opportunity to make oral representations at a hearing (“a representation hearing”).
the applicant, and
the local planning authority to whom the application was made,
The Mayor of London must prepare and publish a document setting out—
the persons, in addition to the applicant and the local planning authority, who may make oral representations at a representation hearing,
the procedures to be followed at a representation hearing,
arrangements for identifying information which must be agreed by persons making oral representations at a representation hearing.
Each person who may make oral representations at a representation hearing must be given at least 14 days' notice of the hearing.
The Secretary of State must by order make provision for Part 5A of the Local Government Act 1972 (public admission to meetings of principal councils, public access to documents, etc) to apply to—
a representation hearing as it applies to a meeting of a principal council, and
the Mayor of London in the conduct of a representation hearing as it applies to a principal council in the conduct of a meeting of that council.
The application of Part 5A may be with such modifications as the Secretary of State considers necessary or expedient.
Where an order is made under subsection (1) of section 67 of the Housing Act 1988 (housing action trust as planning authority), the housing action trust specified in the order shall be the local planning authority for such area as may be so specified in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.
Where an order under subsection (3)(a) of that section confers any functions on a housing action trust in relation to any area the trust shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.
Regulations under this Act may make such provision consequential upon or supplementary to the provisions of sections 1 and 2 as appears to the Secretary of State to be necessary or expedient.
The provision consequential upon or supplementary to section 2 that may be made by the Welsh Ministers under this section includes provision amending or otherwise modifying—
any enactment contained in, or made under, the planning Acts or the Planning and Compulsory Purchase Act 2004;
any other enactment relating to functions exercisable by or in relation to local planning authorities;
any other enactment relating to functions exercisable by local authorities of any description in connection with the development of land.
Where a National Park authority has been established for any area, this section, . . ., shall apply, as from such time as may be specified for the purposes of this section in the order establishing that authority, in relation to the Park for which it is the authority.
Subject to subsections (4) and (5) below, the National Park authority for the Park shall be the sole local planning authority for the area of the Park and, accordingly—
functions conferred by or under the planning Acts on a planning authority of any description (including the functions of a mineral planning authority under those Acts and under the Planning and Compensation Act 1991) shall, in relation to the Park, be functions of the National Park authority, and not of any other authority; and
so much of the area of any other authority as is included in the Park shall be treated as excluded from any area for which that other authority is a planning authority of any description.
For the purposes of subsection (2) above functions under the planning Acts which (apart from this section) are conferred— shall be treated, in relation to those other areas, as conferred on each of those councils as the local planning authority for their area.
in relation to some areas on the county or district planning authorities for those areas, and
in relation to other areas on the councils for those areas,
The functions of a local planning authority by virtue of sections 198 to 201, 206 to 209 and 211 to 215, so far as they are functions of a National Park authority by virtue of this section, shall be exercisable as respects any area which is or is included in an area for which there is a district council, concurrently with the National Park authority, by that council.
For the purposes of any enactment relating to the functions of a district planning authority, the functions of a district council by virtue of subsection (4) above shall be deemed to be conferred on them as a district planning authority and as if the district were the area for which they are such an authority.
This section applies where an order is made under section 7A(2)(a) or (4)(a) of the New Towns Act 1981 (powers to confer functions under the planning Acts) in respect of a development corporation established under section 3 of that Act.
If the order is made under section 7A(2)(a), the corporation is the local planning authority for the specified area, for the specified purposes and in relation to the specified kinds of development, in place of the authority which would otherwise be the local planning authority for that area.
If the order is made under section 7A(4)(a), the corporation has the functions under the specified enactments in the specified area, in place of any authority (except the Secretary of State) which would otherwise have them in that area.
In this section “specified” means specified in the order.
This section is subject to section 8A.
Subsection (2) applies where an order under section 198(2) of the Localism Act 2011 gives effect to any decision under section 202(2) or (6) of that Act as a result of which a Mayoral development corporation is for any area to be the local planning authority for the purposes of Part 3 of this Act.
The Mayoral development corporation is the local planning authority for that area for those purposes in place of any authority who would otherwise be the local planning authority for that area for those purposes.
Subsection (4) applies where an order under section 198(2) of that Act gives effect to any decision under section 202(3) or (6) of that Act as a result of which a Mayoral development corporation is for any area to have the functions referred to in section 202(3) of that Act.
The Mayoral development corporation has those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.
If an order under section 198(2) of that Act is amended to give effect to a decision under section 204(2) of that Act that limits the effect of a decision under section 202 of that Act, subsection (2) or (4), or each of them, applies accordingly.
This section is subject to section 8A.
Where a designation order under section 13 of the Housing and Regeneration Act 2008 power to make designation orders) makes such provision as is mentioned in section 14(2) of that Act (Agency as local planning authority), the Homes and Communities Agency shall be the local planning authority for such area as may be specified in the order in place of any authority who would otherwise be the local planning authority for that area for such purposes and in relation to such kinds of development as may be so specified.
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This Chapter applies, subject to section 28, to the area of any local planning authority in Greater London or a metropolitan county (other than any area in such a county which is part of a National Park).
This Chapter also applies to the area of any local planning authority in Wales.
Subsections (3) and (4) apply where the area of a local planning authority in Wales includes—
the whole or any part of an area prescribed under section 23B(2) in relation to a National Park, and
other land.
The provisions of this Chapter apply separately in relation to—
the Park area or, if there is more than one, each Park area, and
the remaining area.
Any reference in any of the following sections of this Chapter to the area of the local planning authority (including any reference which falls to be so construed) shall be construed—
in its application in relation to any Park area, as a reference to that Park area, and
in its application in relation to the remaining area, as a reference to that area.
In this section—
The local planning authority—
shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and
may, if they think fit, institute a survey or surveys of their area or any part of their area for examining those matters.
Without prejudice to the generality of subsection (1), the matters to be kept under review or examined under that subsection shall include—
the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;
the size, composition and distribution of the population of that area (whether resident or otherwise);
without prejudice to paragraph (a), the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;
any considerations not mentioned in paragraphs (a), (b) and (c) which may be expected to affect any matters mentioned in them;
such other matters as may be prescribed or as the Secretary of State may in a particular case direct;
any changes already projected in any of the matters mentioned in any of paragraphs (a) to (e) and the effect which those changes are likely to have on the development of that area or the planning of such development.
A local planning authority shall, for the purpose of discharging their functions under this section of keeping under review and examining any matters relating to the area of another such authority, consult with that other authority about those matters.
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 unitary development plan.
A unitary development plan shall comprise two parts.
Part I of a unitary development plan shall consist of a written statement formulating the authority’s general policies in respect of the development and use of land in their area.
Part II of a unitary development plan shall consist of—
a written statement formulating in such detail as the authority think appropriate (and so as to be readily distinguishable from the other contents of the plan) their proposals for the development and . . . use of land in their area . . . ;
a map showing those proposals on a geographical basis;
a reasoned justification of the general policies in Part I of the plan and of the proposals in Part II of it; and
such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies in Part I of the plan or the proposals in Part II of it as the authority think appropriate or as may be prescribed.
The policies shall, subject to subsection (3B), include policies in respect of—
the conservation of the natural beauty and amenity of the land;
the improvement of the physical environment; and
the management of traffic.
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.
A unitary development plan shall also contain such other matters as may be prescribed or as the Secretary of State may in any particular case direct.
In formulating the general policies in Part I of a unitary development plan the authority shall have regard to—
any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;
current national policies;
the resources likely to be available; and
such other matters as the Secretary of State may prescribe or, in a particular case, direct.
In the case of a London borough, Part I of the unitary development plan shall be in general conformity with the spatial development strategy for the time being in force.
The proposals in Part II of a unitary development plan shall be in general conformity with Part I and, in the case of a London borough council, with the spatial development strategy.
Part II of a unitary development 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) and if an area is so designated that Part of the plan shall contain a description of the treatment proposed by the authority.
In preparing a unitary development plan the authority shall take into account the provisions of any scheme under paragraph 3 of Schedule 32 to the Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.
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.
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.
Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A.
When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall—
comply with—
any requirements imposed by regulations made under section 26; and
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
consider any representations made in accordance with those regulations.
that such persons are given an adequate opportunity of making such representations.
Where the local planning authority have prepared a unitary development plan, before adopting it they shall—
make copies of it available for inspection at such places as may be prescribed by those regulations;
send a copy to the Secretary of State; and
comply with any requirements imposed by those regulations.
Where the local planning authority for a London borough have prepared a unitary development plan, they shall, before complying with subsection (2), make an application in accordance with regulations under section 26 to the Mayor of London for his written opinion whether the unitary development plan is in general conformity with the spatial development strategy.
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.
make copies of it available for inspection at their office and at such other places as may be prescribed; and
send a copy to the Secretary of State.
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—
in accordance with regulations made under that section; and
within the prescribed period.
The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.
of the steps which the authority have taken to comply with subsections (1) and (2); and
of the authority’s consultations with, and their consideration of the views of, other persons.
A unitary development plan shall not be adopted by the authority under section 15 until—
after they have considered any objections made in accordance with the regulations; or
if no such objections are made, after the expiry of the prescribed period.
A local planning authority who are given directions by the Secretary of State under subsection (6) shall—
immediately withdraw the copies of the unitary development plan made available for inspection as required by subsection (3); and
notify any person by whom objections to the plan have been made to the authority that the Secretary of State has given such directions.
If, on an application under subsection (1A), the opinion given by the Mayor of London in accordance with regulations under section 26 is that the unitary development plan is not in general conformity with the spatial development strategy, the giving of the opinion shall be treated as the making by the Mayor of objections in accordance with the regulations.
The Secretary of State may direct that a unitary development plan— in relation to the area of an urban development corporation.
shall not be prepared; or
shall not operate,
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.
A unitary development plan may be withdrawn by the local planning authority at any time before it is adopted by the authority or approved by the Secretary of State and shall be withdrawn by the authority if the Secretary of State so directs.
Where a unitary development plan is withdrawn the authority shall—
withdraw the copies made available for inspection and sent to the Secretary of State under section 13(2); and
give notice that the plan has been withdrawn to every person who has made an objection to it.
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Where a unitary development plan is withdrawn the copies of the plan shall be treated as never having been made available under section 13(2).
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—
any objections to the plan; or
any other considerations which appear to them to be material.
of any other considerations which appear to the authority to be material.
A unitary development plan shall not be adopted unless Part II of the plan is in general conformity with Part I.
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shall send the Secretary of State particulars of the objection and a statement of their reasons for not modifying the plan to take account of it; and
shall not adopt the plan unless the Secretary of State authorises them to do so.
A unitary development plan shall not be adopted by a London borough council unless Parts I and II of the plan are in general conformity with the spatial development strategy.
Subject to the following provisions of this Chapter and to section 287, a unitary development plan for an area in England shall become operative on the date on which it is adopted.
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.
Subsections (2) and (3) of section 250 of the Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this section as they apply to an inquiry under that section.
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.
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.
The Tribunals and Inquiries Act 1992shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local planning authority.
Regulations made for the purposes of this section may—
make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under this section, including provision enabling the Secretary of State to direct a local planning authority to appoint a particular person or one of a specified list or class of persons;
make provision with respect to the remuneration and allowances of a person appointed for that purpose.
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.
After a copy of a unitary development plan has been sent to the Secretary of State under section 13(2) and before it is adopted by the local planning authority, the Secretary of State may, if it appears to him that the plan is unsatisfactory, direct the authority to modify the proposals in such respects as are indicated in the direction.
An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.
After a copy of a unitary development plan has been sent to the Secretary of State under section 13(2) and before it is adopted by the local planning authority, the Secretary of State may direct that the whole or part of the plan shall be submitted to him for his approval.
If such a direction is given—
the authority shall not take any further steps for the adoption of the plan until the Secretary of State has given his decision on the plan or the relevant part of it; and
the plan or the relevant part of it shall not have effect unless approved by him and shall not require adoption under the previous provisions of this Chapter.
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Subsection (2)(a) applies in particular to holding or proceeding with a local inquiry or other hearing in respect of the plan under section 16; and at any such inquiry or hearing which is subsequently held or resumed a local planning authority need not give any person an opportunity of being heard in respect of any objection which has been heard at an examination, local inquiry or other hearing under section 20 or which the Secretary of State states that he has considered in making his decision.
Subject to section 20, the Secretary of State may after considering a plan or part of a plan submitted to him under section 18(1) either approve it (in whole or in part and with or without modifications or reservations) or reject it.
In considering a plan or part of a plan submitted to him under that section the Secretary of State may take into account any matters which he thinks relevant, whether or not they were taken into account in preparing the plan or that part of it.
The Secretary of State shall give a local planning authority such statement as he considers appropriate of the reasons governing his decision on any plan or part of a plan submitted to him.
Where the whole or part of Part I of a unitary development plan is approved by the Secretary of State with modifications, the local planning authority shall, before adopting the remainder of the plan, make such modifications in Part II as may be directed by the Secretary of State for bringing it into general conformity with Part I and, in the absence of any such direction, shall make such modifications for that purpose in Part II as appear to the authority to be required.
Subject to section 287, a plan or part of a plan which is approved by the Secretary of State under this section shall become operative on such day as he may appoint.
Before deciding whether or not to approve a plan or part of a plan submitted to him under section 18(1), the Secretary of State shall consider any objection to it so far as made in accordance with the regulations..
Where the whole or part of Part II of a unitary development plan is submitted to the Secretary of State under section 18(1) (whether or not the whole or part of Part I is also submitted), then, if any objections have been made to the plan or the relevant part of it as mentioned in subsection (1), before deciding whether to approve it he shall cause a local inquiry or other hearing to be held for the purpose of considering those objections.
The Secretary of State need not under subsection (1) consider any objections which have already been considered by the local planning authority and need not cause a local inquiry or other hearing to be held under subsection (2) if that authority have already held a local inquiry or other hearing into the objections under section 16 or the Secretary of State, on taking the plan or the relevant part of it into consideration, decides to reject it.
Where the whole or part of Part I of a unitary development plan (but not the whole or any part of Part II) is submitted to the Secretary of State under section 18(1) he may cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting the Secretary of State’s consideration of the part of the plan submitted to him as he considers ought to be so examined.
The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination under subsection (4).
The Secretary of State shall not be required to secure to any local planning authority or other person a right to be heard at an examination under subsection (4), and the bodies and persons who may take part shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so; but the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part if it appears to him or them desirable to do so.
An examination under subsection (4) shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals and Inquiries Act 1992 but shall not constitute such an inquiry for any other purpose of that Act.
On considering a plan or part of a plan submitted to him under section 18(1) the Secretary of State may consult with or consider the views of any local planning authority or other person but he need not do so except as provided by this section.
A local planning authority may at any time prepare proposals—
for alterations to the unitary development plan for their area; or
for its replacement.
. . .Sections 12 to 20 (other than subsection (1) of section 12) shall apply in relation to the making of proposals under this section and to any alteration or replacement so proposed as they apply to the preparation of a unitary development plan under section 12 and to a plan prepared under that section.
If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—
such alterations to the unitary development plan as he directs; or
its replacement.
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.
As soon as practicable after— the local planning authority for an area in which the zone is wholly or partly situated shall review any unitary development plan for that area in the light of the provisions of the scheme or modified scheme under that Schedule and prepare proposals under this section for any consequential alterations to the plan which they consider necessary.
an order has been made under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone); or
a notification has been given under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme),
Where a local planning authority propose to alter or replace a unitary development plan and it appears to them that the issues involved are not of sufficient importance to warrant the full procedure set out in section 13(1) to (4), they may proceed instead in accordance with this section.
They shall—
prepare the relevant documents (that is, the proposed alterations or replacement plan),
make a copy of them available for inspection at their office and at such other places as may be prescribed, and
send a copy to the Secretary of State.
Each copy of the documents made available for inspection shall be accompanied by a statement of the time within which representations or objections may be made.
They shall then take such steps as may be prescribed for the purpose of— and they shall consider any representations made to them within the prescribed period.
advertising the fact that the documents are available for inspection and the places and times at which and period during which they may be inspected, and
inviting the making of representations or objections in accordance with regulations;
The documents sent by the local planning authority to the Secretary of State under subsection (2) shall be accompanied by a statement of the steps which the authority are taking to comply with subsection (4).
If, on considering the statement submitted with and the matters contained in the documents sent to him under subsection (2) and any other information provided by the local planning authority, the Secretary of State is not satisfied with the steps taken by the authority he may, within 21 days of the receipt of the statement, direct the authority not to take further steps for the adoption of their proposals without— and satisfying him that they have done so.
proceeding in accordance with section 13(1) to (4), or
taking such further action as he may specify,
A local planning authority who are given directions by the Secretary of State under subsection (6) shall—
immediately withdraw the copies of documents made available for inspection as required by subsection (2); and
notify any person by whom objections to the proposals have been made to the authority that the Secretary of State has given such directions.
Where a local planning authority proceed in accordance with this section, the references in sections 14(2)(a) and (4) and 18(1) to copies made available or sent to the Secretary of State under section 13(3) shall be construed as references to copies made available or sent to the Secretary of State under subsection (2).
A joint unitary development plan or joint proposals for the alteration or replacement of such a plan may be prepared by two or more local planning authorities in Greater London or by two or more local planning authorities in a metropolitan county; and the previous provisions of this Chapter shall, in relation to any such joint plan or proposals, have effect subject to the following provisions of this section.
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that adequate publicity is given in their areas to the matters proposed to be included in the plan;
that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to such an opportunity; and
that such persons are given an adequate opportunity of making such representations.
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Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed by subsection (2) of section 13 of making copies of the plan available for inspection.
Objections to such a plan may be made to any of those authorities and the statement required by subsection (3) of section 13 to accompany copies of the plan shall state that objections may be so made.
It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under section 15(1) and they may do so as respects any part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.
Where a unitary development plan has been prepared jointly, the power of preparing proposals in respect of the plan under section 21 may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that section direct any of them to prepare proposals as respects their respective areas.
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the reference in section 22(1) to section 13(1) to (4) shall include a reference to subsections (3) and (4) of this section; and
the references in section 22 to the local planning authority shall be construed as references to the authorities acting jointly, except that—
each of the authorities shall have the duty under subsection (2) of making copies of the relevant documents available for inspection, and
representations or objections may be made to any of the authorities, and the statement required by subsection (3) of that section shall state that objections may be so made.
The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.
A joint unitary development plan or joint proposals for the alteration or replacement of such a plan may be prepared by two or more local planning authorities in Wales for their areas if—
each of those areas adjoins each of the others; or
the Secretary of State has given his approval.
Subsection (1) does not apply in relation to a joint plan for any area which consists of or includes a National Park.
The previous provisions of this Chapter shall, in relation to any joint plan or proposals of a kind mentioned in subsection (1), have effect subject to the following provisions of this section.
Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed under section 13(2) of making copies of the plan available for inspection.
Objections to such a plan may be made to any of those authorities and the statement required by section 13(3) to accompany copies of the plan shall state that objections may be so made.
It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under section 15(1) and, subject to the provisions of this Chapter, they may do so as respects the part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.
Where a unitary development plan has been prepared jointly, the power of preparing proposals in respect of the plan under section 21 may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that section direct any of them to prepare proposals as respects their respective areas.
The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.
A unitary development plan shall be prepared for each National Park in Wales.
A Welsh National Park development plan shall relate to an area prescribed in relation to the National Park in question by order made by the Secretary of State.
The prescribed area in relation to a National Park which falls wholly within, but does not comprise the whole of, the area of a single local planning authority shall be—
where the local planning authority have so elected, the whole of the area of the local planning authority; and
in any other case—
the whole of the area of the National Park; or
a composite area.
The prescribed area in relation to any other Welsh National Park shall be—
the whole of the area of the National Park; or
a composite area.
For the purposes of this section and section 23C, “composite area”, in relation to a National Park, means an area which consists of the whole of the Park together with any one or more other areas in Wales.
The Secretary of State shall not under subsection (2) prescribe an area which is a composite area except with the consent of every local planning authority in whose area the prescribed area or any part of it would fall.
Any order made by the Secretary of State under subsection (2) may make such saving or transitional provision as he considers appropriate.
Where, by an order under subsection (2), the Secretary of State prescribes a composite area which comprises or includes part only of the area of a local planning authority, the provisions of this Chapter shall apply in relation to— subject to such modifications, if any, as may be prescribed by the order.
the Welsh National Park development plan in question, or
any proposals for its alteration or replacement,
Subsections (3) and (4) of section 10A do not apply for the purposes of—
subsection (3) or (8) of this section, or
section 23C(1), (2) or (4).
For the purposes of this Act, “Welsh National Park development plan” means a unitary development plan prepared for a National Park in Wales.
A Welsh National Park development plan for a National Park which neither coincides with nor falls wholly within the area of a single local planning authority shall be a joint unitary development plan.
A Welsh National Park development plan for any other National Park shall be a joint unitary development plan if it relates to a composite area unless the composite area coincides with or falls wholly within the area of a single local planning authority.
Any Welsh National Park development plan which is required to be a joint plan shall be prepared by the authorities who will be the appropriate authorities in relation to the plan.
For the purposes of this section, an authority are an appropriate authority in relation to a joint plan if—
they are a local planning authority; and
their area or any part of their area falls within the area to which the plan relates.
Any proposals prepared under section 21 for the alteration or replacement of a joint plan of a kind mentioned in subsection (1) or (2) shall be joint proposals prepared by the appropriate authorities in relation to that plan, and any direction given by the Secretary of State under that section in relation to that plan shall be given jointly to those authorities.
Subsections (3) to (6) and (8) of section 23A apply in relation to any joint plan or proposals of a kind mentioned in subsection (1), (2) or (5) as they apply in relation to any joint plan or proposals of a kind mentioned in section 23A(1).
Where— the permitted assumption shall, subject to subsection (4), be made for all purposes (including in particular any question as to conformity between the plan and the spatial development strategy).
a local planning authority in Greater London propose to make, alter or replace a unitary development plan;
copies of proposed alterations of, or of a proposed new spatial development strategy to replace, the spatial development strategy have been made available for inspection under section 335(2) of the Greater London Authority Act 1999; and
the local planning authority include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,
In this section “the permitted assumption” means the assumption that— have become operative under section 337(9) of that Act.
the proposed alterations or new spatial development strategy mentioned in subsection (1)(b); or
if any proposed modifications to those proposed alterations or that new spatial development strategy have been published in accordance with regulations made under section 343 of the Greater London Authority Act 1999, the proposed alterations or spatial development strategy as so modified,
For the purposes of subsection (1)(c) a copy is a relevant copy of a plan or proposals if it is served on the Greater London Authority.
The permitted assumption shall not be made at any time after the local planning authority know that the proposed alterations or new spatial development strategy mentioned in subsection (1)(b) have been withdrawn. ”
Notwithstanding anything in the previous provisions of this Chapter, neither the Secretary of State nor a local planning authority shall be required to consider representations or objections with respect to a unitary development plan or any proposals for the alteration or replacement of such a plan if it appears to the Secretary of State or, as the case may be, the authority that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—
an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980;
an order or scheme under any provision replaced by the provisions mentioned in paragraph (a), namely, an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act 1959, section 3 of the Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the Highways Act 1971; or
an order under section 1 of the New Towns Act 1981.
Where, by virtue of any of the previous provisions of this Chapter, any unitary development plan or proposals for the alteration or replacement of such a plan are required to be prepared, or steps are required to be taken for the adoption of any such plan or proposals, then— the Secretary of State may prepare and make the plan or any part of it or, as the case may be, alter or replace it, as he thinks fit.
if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the local planning authority are not taking the steps necessary to enable them to prepare or adopt such a plan or proposals within a reasonable period; or
in a case where a period is specified for the preparation or adoption of any such plan or proposals, if no such plan or proposals have been prepared or adopted by the local planning authority within that period,
The previous provisions of this Chapter shall, so far as practicable, apply with any necessary modifications in relation to the doing of anything under this section by the Secretary of State and the thing so done.
The authority mentioned in subsection (1) shall on demand repay to the Secretary of State so much of any expenses incurred by him in connection with the doing of anything which should have been done by them as he certifies to have been incurred in the performance of their functions.
Without prejudice to the previous provisions of this Chapter, the Secretary of State may make regulations with respect to the form and content of unitary development plans and the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making, alteration or replacement.
Such regulations may in particular—
provide for publicity to be given to the results of any review or survey carried out under section 11;
provide for the notice to be given of or the publicity to be given to— and for publicity to be given to the procedure to be followed as mentioned in subsection (1);
matters included or proposed to be included in any unitary development plan,
the approval, adoption or making of any such plan or any alteration or replacement of it, or
any other prescribed procedural step,
make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration or replacement;
make provision with respect to the making of an application to the Mayor of London for a written opinion under section 13(1A) and the giving by him of such an opinion (including provision as to the time within which such an application or opinion must be made or given);
without prejudice to paragraph (b), provide for notice to be given to particular persons of the approval, adoption, alteration or replacement of any plan if they have objected to the plan and have notified the local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;
require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;
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;
require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public in compliance with the regulations or available for inspection under section 13(2), subject (if the regulations so provide) to the payment of a reasonable charge;
provide for the publication and inspection of any unitary development plan which has been adopted, approved or made or any document approved, adopted or made altering or replacing any such plan, and for copies of any such plan or document to be made available on sale.
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;
Regulations under this section may make different provision for different cases.
provide for the publication and inspection of any unitary development plan which has been adopted, approved or made or any document approved, adopted or made altering or replacing any such plan, and for copies of any such plan or document to be made available on sale.
Subject to the previous provisions of this Chapter and to any regulations under this section, the Secretary of State may give directions to any local planning authority or to local planning authorities generally—
for formulating the procedure for the carrying out of their functions under this Chapter;
for requiring them to give him such information as he may require for carrying out any of his functions under this Chapter.
Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A.
For the purposes of this Act and any other enactment relating to town and country planning, the Land Compensation Act 1961 and the Highways Act 1980, the development plan for any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—
the provisions of the unitary development plan for the time being in force for that area or the relevant part of it, together with a copy of the local planning authority’s resolution of adoption or the Secretary of State’s notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and
any alteration to that plan, together with a copy of the authority’s resolution of adoption, or the Secretary of State’s notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.
Subject to subsection (2), the provisions of this Chapter shall come into force in the area of any local planning authority in Greater London or a metropolitan county (other than any area in that county which is part of a National Park) on such day as may be appointed in relation to that area by an order made by the Secretary of State.
Subsection (1) does not apply in any area in relation to which an order has been made before the commencement of this Act under section 4(1) of the Local Government Act 1985 (commencement of Part I of Schedule 1 to that Act) and in any such area the provisions of this Chapter shall come into force at the commencement of this Act or, if later, on the day appointed by the order.
Until a unitary development plan becomes operative under this Chapter for such an area as is mentioned in subsection (1) (or where parts of such a plan become operative on different dates until every part has become operative)—
if it is the area of a local planning authority in a metropolitan county, Part I of Schedule 2 (which provides for existing plans to continue in force and applies some of the provisions of Chapter II) shall apply in relation to it;
if it is the area of a local planning authority in Greater London, Part II of that Schedule (which makes similar provision) shall apply in relation to it; and
Part III of that Schedule shall apply in relation to it for the purpose of making continuing provision for the transitional matters for which provision was made immediately before the commencement of this Act by Schedule 7 to the 1971 Act (old development plans etc.).
The power to make orders under this section may be exercised so as to make different provision for different cases, including different provision for different areas.
For the purposes of the enactments mentioned in section 27, the development plan for any area in Wales shall be taken as consisting of—
the provisions of the unitary development plan for the time being in force for that area, together with a copy of the relevant local planning authority’s resolution of adoption or of the Secretary of State’s notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and
any alteration to that plan, together with a copy of the relevant local planning authority’s resolution of adoption, or the Secretary of State’s notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.
Until a unitary development plan becomes fully operative for the area of any local planning authority in Wales— shall apply in relation to that area.
Part IA of Schedule 2, and
Part III of Schedule 5 to the Local Government (Wales) Act 1994 (transitional provisions in relation to structure and local plans),
For the purposes of this Chapter, a unitary development plan for the area of a local planning authority in Wales has become fully operative when—
it has become operative under this Chapter; or
where different parts have become operative at different times, when all parts of it have become so operative.
This Chapter applies only to—
the area of any local planning authority in England outside Greater London and the metropolitan counties; and
any part of a National Park in a metropolitan county in England.
Subsection (1) is subject to the transitional provisions in—
Schedule 2; and
Part III of Schedule 5 to the Local Government (Wales) Act 1994.
The local planning authority—
shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and
may, if they think fit, at any time institute a fresh survey of their area examining those matters.
Without prejudice to the generality of subsection (1), the matters to be kept under review and examined under that subsection shall include—
the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas;
the size, composition and distribution of the population of that area (whether resident or otherwise);
without prejudice to paragraph (a), the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;
any considerations not mentioned in paragraph (a), (b) or (c) which may be expected to affect any matters so mentioned;
such other matters as may be prescribed or as the Secretary of State may in any particular case direct;
any changes already projected in any of the matters mentioned in any of the previous paragraphs and the effect which those changes are likely to have on the development of that area or the planning of such development.
A survey under subsection (1)(b) may relate to only part of the area of an authority; and references in subsection (2) to the area of an authority or any neighbouring areas shall be construed accordingly.
A local planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the area of another such authority, consult with that other authority about those matters.
Each structure plan approved by the Secretary of State under the 1971 Act with respect to the area of a local planning authority which is in operation immediately before the commencement of this Act shall continue in force after its commencement (subject to any alterations then in operation and to the following provisions of this Part).
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.
formulating the local planning authority’s policy and general proposals in respect of the development and other use of land in that area (including measures for the improvement of the physical environment and the management of traffic); and
containing such other matters as may be prescribed or as the Secretary of State may in any particular case direct.
The policies shall, subject to subsection (4), include policies in respect of—
the conservation of the natural beauty and amenity of the land;
the improvement of the physical environment; and
the management of traffic.
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.
to current policies with respect to the economic planning and development of the region as a whole;
to the resources likely to be available for the carrying out of the proposals of the structure plan; and
to such other matters as the Secretary of State may direct them to take into account.
A structure plan shall also contain —
such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies as may be prescribed; and
such other matters as the Secretary of State may, in any particular case, direct.
In formulating their general policies the authority shall have regard to—
any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;
current national policies;
the resources likely to be available; and
such other matters as the Secretary of State may prescribe or, in a particular case, direct.
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.
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).
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.
For the purposes of this section, except subsection (6)(b), “policies” includes proposals.
A local planning authority may at any time prepare proposals—
for alterations to the structure plan for their area; or
for its replacement.
If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—
such alterations to the structure plan as he directs; or
its replacement.
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.
Proposals for the alteration of a structure plan may relate to the whole or part of the area to which the plan relates.
Proposals prepared under this section shall be accompanied by an explanatory memorandum.
in the case of proposals under subsection (1), the reasons which in the opinion of the local planning authority justify the alterations which they are proposing; and
in the case of proposals under subsection (3), the reasons which in their opinion justify the repeal and replacement of the structure plan.
The explanatory memorandum shall state— and may contain such illustrative material as the authority think appropriate.
the reasons which in the opinion of the authority justify each of their proposals;
any information on which the proposals are based;
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,
Proposals for the alteration or replacement of a structure plan shall not become operative unless they are—
adopted by the authority (under section 35); or
approved by the Secretary of State (under section 35A).
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—
comply with—
any requirements imposed by regulations made under section 53; and
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
consider any representations made in accordance with those regulations.
that such persons are given an adequate opportunity of making such representations.
Where the authority have prepared proposals for the alteration or replacement of a structure plan they shall—
make copies of the proposals and the explanatory memorandum available for inspection at such places as may be prescribed by those regulations;
send a copy of the proposals and the explanatory memorandum to the Secretary of State; and
comply with any requirements imposed by those regulations.
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.
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—
in accordance with regulations made under that section; and
within the prescribed period.
The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.
of the steps which the authority have taken to comply with subsections (1) and (2); and
of the authority’s consultations with, and consideration of the views of, other persons with respect to those matters.
The proposals shall not be adopted by the authority under section 35 until—
after they have considered any objections made in accordance with the regulations; or
if no such objections are made, after the expiry of the prescribed period.
If the Secretary of State is not satisfied as mentioned in subsection (6), he shall return the proposals to the authority and direct them—
to take such further action as he may specify in order better to achieve those purposes; and
after doing so, to resubmit the proposals with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.
Where the Secretary of State returns the proposals to the local planning authority under subsection (7), he shall—
inform the authority of his reasons for doing so, and
if any person has made an objection to the proposals to him, also inform that person that he has returned the proposals.
A local planning authority who are given directions under subsection (7) shall immediately withdraw the copies of the proposals made available for inspection as required by subsection (3).
Subsections (3) to (9) shall apply, with the necessary modifications, in relation to proposals resubmitted to the Secretary of State in accordance with directions given under subsection (7) as they apply in relation to the proposals as originally submitted.
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.
On the withdrawal of such proposals, the authority shall—
withdraw the copies made available for inspection in accordance with section 33(2); and
give notice that the proposals have been withdrawn to every person who has made an objection to them.
On the withdrawal of such proposals, the authority preparing them shall also withdraw the copies of the proposals which they have made available for inspection in accordance with section 33(3), and shall give notice that the proposals have been withdrawn to every person who has made an objection to them.
In determining the steps to be taken by them to secure the purposes of paragraphs (a) to (c) of section 33(1), the local planning authority preparing such proposals may take into account any steps taken to secure those purposes in connection with any other such proposals which either were not submitted to the Secretary of State for his approval or were so submitted and then withdrawn.
The authority submitting for approval by the Secretary of State proposals in the case of which they have taken any steps into account by virtue of subsection (4) shall give particulars of those steps in their statement to him under subsection (5) of section 33 and the Secretary of State may treat the steps as having been taken by them in connection with those proposals in determining under subsection (6) of that section whether he is satisfied as there mentioned.
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—
any objections to the proposals; or
any other considerations which appear to them to be material.
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.
An authority to whom such a direction is given shall not adopt the proposals unless—
they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction; or
the direction is withdrawn.
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.
The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination under subsection (3)(b).
The Secretary of State need not secure to any local planning authority or other person a right to be heard at any such examination and, subject to subsection (7), only such bodies and persons as he may before or during the course of the examination invite to do so may take part in it.
The person or persons holding the examination may before or during the course of the examination invite additional bodies or persons to take part in it if it appears to him or them desirable to do so.
An examination under subsection (3)(b) shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.
On considering any proposals the Secretary of State may (but need not) consult with or consider the views of any local planning authority or other person.
On exercising his powers under subsection (1) in relation to any proposals, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.
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.
If he gives such a direction—
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
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.
Subsection (2)(a) applies in particular to holding or proceeding with an examination in public under section 35B(1).
The Secretary of State may, after considering proposals submitted to him in compliance with a direction under subsection (1)—
approve them, in whole or in part and with or without modifications or reservations; or
reject them.
In considering proposals so submitted to him the Secretary of State—
shall take into account any objections made in accordance with the regulations; and
may take into account any matters which he thinks relevant, whether or not they were taken into account in preparing the proposals.
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.
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.
Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.
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—
they consider ought to be so examined; or
the Secretary of State directs.
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.
An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.
No person shall have a right to be heard at an examination in public.
The following may take part in an examination in public—
in the case of an examination held under subsection (1), the local planning authority; and
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.
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.
An examination in public shall constitute a statutory inquiry for the purposes of section l(l)(c) of the Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.
Without prejudice to section 303A(8) and (9), regulations may make provision with respect to the remuneration and allowances of any person or persons appointed by the Secretary of State to conduct an examination in public under this section.
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—
notify any authority responsible for a local plan in their area that the proposals have been adopted or approved; and
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.
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.
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.
Nothing in this section requires an authority to notify or supply a statement to themselves.
For the purposes of this section an authority shall be regarded as responsible—
for a structure plan, if they are entitled to prepare proposals for its alteration or replacement; and
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.
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.
a written statement formulating in such detail as the local planning authority think appropriate their proposals for the development and other use of land in their area, or for any description of development or other use of such land, including such measures as the authority think fit for the improvement of the physical environment and the management of traffic;
a map showing those proposals; and
such diagrams, illustrations or other descriptive matter as the authority think appropriate to explain or illustrate the proposals in the plan, or as may be prescribed.
A local plan shall contain a written statement formulating the authority’s detailed policies for the development and use of land in their area.
The policies shall include policies in respect of—
the conservation of the natural beauty and amenity of the land;
the improvement of the physical environment; and
the management of traffic.
A local plan shall be in general conformity with the structure plan.
A local plan shall not contain—
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;
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.
A local plan shall also contain— and may contain such descriptive or explanatory matter as the authority think appropriate.
a map illustrating each of the detailed policies; and
such diagrams, illustrations or other descriptive or explanatory matter in respect of the policies as may be prescribed,
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).
If an area is so designated the plan shall contain a description of the treatment proposed by the authority.
In formulating their detailed 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; and
the provisions of any scheme under paragraph 3 of Schedule 32 to the Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.
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.
For the purposes of this section “policies” includes proposals.
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.
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.
specify the title and nature of the plan and the area to which it is to apply and give an indication of its scope,
indicate where appropriate its relationship with the other local plans provided for by the scheme, and
designate the local planning authority, whether county or district, responsible for the plan;
The local planning authority for 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; or
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.
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.
Subsections (4), (6), (10) and (11) of section 36 apply with respect to minerals local plans as they apply with respect to local plans.
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.
A local planning authority may prepare proposals for the making, alteration, repeal or replacement of a local plan— but subject to any direction of the Secretary of State under section 38.
in any case, except in the case of proposals relating only to land in a National Park, only where authorised to do so by the local plan scheme, and
in the case of proposals for the alteration, repeal or replacement of a local plan approved by the Secretary of State, only with the consent of the Secretary of State;
In this section —
A local planning authority other than an excluded authority shall, within such period (if any) as the Secretary of State may direct—
prepare a waste local plan for their area; or
include their waste policies in their minerals local plan.
A local planning authority are an excluded authority for the purposes of subsection (2) if they are an authority—
for a National Park;
for an area where waste policies are not a county matter for the purposes of Schedule 1.
A local planning authority for a National Park shall within such period (if any) as the Secretary of State may direct—
prepare a waste local plan for their area; or
include their waste policies in—
their minerals local plan; or
their local plan.
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.
Subsections (4), (6), (10) and (11) of section 36 apply with respect to waste local plans as they apply with respect to local plans.
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.
A local planning authority may at any time prepare proposals—
for alterations to the local plan for their area; or
for its replacement.
A local planning authority shall—
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
prepare such proposals, if they are directed to do so by the Secretary of State, within such period (if any) as he may direct.
that such persons are given an adequate opportunity of making such representations.
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.
Proposals for the alteration of a local plan may relate to the whole or part of the area to which the plan relates.
consult the county planning authority or, as the case may be, the district planning authority with respect to their proposals;
give that authority a reasonable opportunity to express their views; and
take those views into consideration.
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.
make copies of the documents available for inspection at their office,
send a copy of them to the Secretary of State, and
send a copy of them to the district or county planning authority, as the case may require.
Each copy of the documents made available for inspection shall be accompanied by a statement of the time within which objections may be made.
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—
comply with—
any requirements imposed by regulations made under section 53; and
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
consider any representations made in accordance with those regulations.
Subject to section 46(1), where the authority have prepared a local plan or proposals for its alteration or replacement they shall—
make copies of the relevant documents available for inspection at such places as may be prescribed by those regulations;
send a copy of the relevant documents to the Secretary of State; and
comply with any requirements imposed by those regulations.
In subsection (2) “the relevant documents” means—
the plan or the proposals; and
any statement supplied under section 46(2).
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.
advertising the fact that the documents are available for inspection and the places and times at which, and period during which, they may be inspected, and
inviting the making of representations or objections in accordance with regulations.
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—
in accordance with regulations made under that section; and
within the prescribed period.
The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.
A local plan or proposals for its alteration or replacement shall not be adopted by the authority under section 43 until—
after they have considered any objections made in accordance with the regulations; or
if no such objections are made, after the expiry of the prescribed period.
The documents sent by the local planning authority to the Secretary of State under section 39 shall be accompanied by a statement—
of the steps which the authority have taken to comply with subsections (2) and (3) of that section, and
of the authority’s consultations with other persons and their consideration of the views of those persons.
The documents sent by the local planning authority to the Secretary of State under section 40 shall be accompanied by a statement of the steps which the authority are taking to comply with subsections (4) and (5) of that section.
If, on considering the statement and the proposals and any other information provided by the local planning authority, the Secretary of State is not satisfied with the steps taken by the authority, he may, within 21 days of the receipt of the statement, direct the authority not to take further steps for the adoption of the proposals without— and satisfying him that they have done so.
if they have proceeded in accordance with section 40, proceeding instead in accordance with section 39, or
in any case, taking such further steps as he may specify,
A local planning authority who are given directions by the Secretary of State shall—
immediately withdraw the copies of the documents made available for inspection as required by section 39(5) or 40(2), and
notify any person by whom objections to the proposals have been made to the authority that the Secretary of State has given such directions.
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.
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.
A 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.
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.
Regulations may—
make provision with respect to the appointment, and qualifications for appointment, of persons to hold a local inquiry or other hearing;
include provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;
make provision with respect to the remuneration and allowances of the person appointed.
Subsections (2) and (3) of section 250 of the Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this section.
The Tribunals and Inquiries Act 1992shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.
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—
any objections to the plan; or
any other considerations which appear to them to be material.
They may adopt the proposals as originally prepared or as modified so as to take account of—
any such objections as are mentioned in subsection (1) or any other objections to the proposals, or
any other considerations which appear to the authority to be material.
The authority shall not adopt any proposals which do not conform generally to the structure plan.
After copies of the proposals have been sent to the Secretary of State and before they have been adopted by the local planning authority, the Secretary of State may, if it appears to him that the proposals are unsatisfactory, direct the authority to modifythe proposals in such respects as are indicated in the direction.
An authority to whom a direction is given shall not adopt the proposals unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.
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the authority shall send particulars of the objection to the Secretary of State, together with a statement of their reasons for not modifying their proposals to take account of it, and
they shall not adopt the proposals unless the Secretary of State authorises them to do so.
After copies of proposals have been sent to the Secretary of State and before they have been adopted by the local planning authority, the Secretary of State may direct that the proposals or any part of them shall be submitted to him for his approval.
If he gives such a direction—
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
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.
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The Secretary of State may after considering proposals submitted to him under section 44 either approve them (in whole or in part and with or without modifications or reservations) or reject them.
In considering the proposals he may take into account any matters he thinks are relevant, whether or not they were taken into account in the proposals as submitted.
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— except so far as the objections have already been considered, or a local inquiry or other hearing into the objections has already been held, by the authority.
consider any objections to them made in accordance with the regulations,
give any person who made such an objection which has not been withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose, and
if a local inquiry or other hearing is held, also give such an opportunity to the authority and such other persons as he thinks fit,
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 of representations or objections, or cause a local inquiry or other hearing to be held, except as provided by subsection (3).
Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.
An authority responsible for a local plan shall not make copies available as mentioned in section 40(2) unless—
they have served on the authority responsible for the structure plan in their area a copy of the plan or the proposals; and
such period as may be prescribed has elapsed since they served the copy of the plan or proposals.
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 statement that the plan or the proposals are in general conformity with the structure plan; or
a statement that the plan or the proposals are not in such conformity.
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.
Any such statement shall be treated for the purposes of this Chapter as an objection made in accordance with the regulations.
Nothing in this section requires an authority to serve a copy on or supply a statement to themselves.
Where— the permitted assumption shall, subject to subsection (9), be made for all purposes (including in particular any question as to conformity between plans).
a local planning authority propose to make, alter or replace a local plan;
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
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,
In this section “the permitted assumption” means the assumption that— have been adopted.
the proposals mentioned in subsection (6)(b); or
if any proposed modifications to those proposals are published in accordance with regulations made under section 53, the proposals as so modified,
For the purposes of subsection (6)(c) a copy is a relevant copy of a plan or proposals if it is—
served under subsection (1)(a); or
made available or sent under section 40(2).
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.
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—
stated under section 35C not to be in general conformity with the structure plan; and
neither altered nor replaced after the statement was supplied.
The Secretary of State may make regulations with respect to cases where—
provisions in a structure plan or a local plan conflict with provisions in—
a minerals local plan; or
a waste local plan;
a structure plan and a local plan are made by the same authority and the provisions of the two plans conflict.
Subsection (5) of section 35C applies for the purposes of this section as it applies for the purposes of that.
Where proposals for the alteration or replacement of a structure plan have been prepared and submitted to the Secretary of State, a local planning authority proposing to make, alter, repeal or replace a local plan may apply to him for a direction under subsection (2).
On such an application the Secretary of State may direct that it shall be assumed for the purpose of the making, alteration, repeal or replacement of the local plan that the structure plan proposals have been approved by him, subject to such modifications as may from time to time be proposed by him and notified to the county planning authority.
Such a direction ceases to have effect if the Secretary of State rejects the proposals for the alteration or replacement of the structure plan.
Before giving such a direction the Secretary of State shall consult—
in the case of an application by a county planning authority, any district planning authority whose area is affected by the relevant local plan proposals;
in the case of an application by a district planning authority, the county planning authority.
A county planning authority shall, on the approval of proposals for the alteration or replacement of a structure plan, consider whether the local plans for areas affected conform generally to the structure plan as altered or, as the case may be, to the new plan.
Within the period of one month from the date on which the county planning authority receive notice of the Secretary of State’s approval of the proposals, they shall send— lists of the local plans so affected which, in their opinion, do and do not so conform.
to the Secretary of State, and
to every district planning authority responsible for such a local plan,
Where there is a conflict between any of the provisions of a local plan in force for an area and the provisions of the relevant structure plan, the provisions of the local plan shall be taken to prevail for all purposes.
Where the structure plan is altered or replaced and the local plan is specified in a list under section 47(6) as a plan which does not conform to the structure plan as altered or replaced, subsection (1) does not apply until a proposal for the alteration of the local plan, or for its repeal and replacement, has been adopted or approved by the Secretary of State and the alteration, or replacement plan, has come into force.
Notwithstanding anything in the previous provisions of this Chapter, neither the Secretary of State nor a local planning authority need consider representations or objections with respect to a local plan or any proposal to alter, . . .or replace a structure plan or a local plan if it appears to the Secretary of State or, as the case may be, the authority that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—
an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980;
an order or scheme under any provision replaced by the provisions of the Highways Act 1980 mentioned in paragraph (a) (namely, an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act 1959, section 3 of the Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the Highways Act 1971);
an order under section 1 of the New Towns Act 1981.
Where a structure plan has been prepared by two or more local planning authorities jointly, the power of making proposals under section 32 for the alteration or . . . replacement of the plan may be exercised as respects their respective areas by any of the authorities by whom it was prepared, and the Secretary of State may under that section direct any of them to submit such proposals as respects their respective areas.
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that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to an opportunity of doing so;
that such persons are given an adequate opportunity of making such representations.
Each of the authorities by whom proposals for the alteration or . . . replacement of a joint structure plan have been prepared shall have the duty imposed by section 33(2)of making copies of the proposals and explanatory memorandum available for inspection.
Where two or more local planning authorities jointly prepare proposals for the alteration or . . . replacement of a structure plan under this section, all or any of them may withdraw them under section 34(1) and on their doing so all the authorities shall comply with subsection [(2)] of that section.
Where two or more local planning authorities jointly prepare proposals for the making, alteration, . . . or replacement of a local plan—
. . . they each have the duty imposed by section 40(2). . .of making copies of the relevant documents available for inspection and objections to the proposals may be made to any of those authorities and the statement required by section 40(4). . . to accompany the relevant documents shall state that objections may be so made;
it shall be for each of the local planning authorities to adopt the proposals under section 43(1) . . ., but any modifications subject to which the proposals are adopted must have the agreement of all those authorities.
Where a structure plan has been jointly prepared by two or more local planning authorities, the duty— shall apply to each of those authorities.
to notify and supply a statement under section 35C; and
to supply a statement under section 46,
Where a local plan has been made jointly, the power of making proposals for its alteration, . . .or replacement may be exercised as respects their respective areas by any of the authorities by whom it was made, . . ., and the Secretary of State may under section 39 direct any of them to make proposals as respects their respective areas.
Where a local plan, or proposals for its alteration or replacement have been jointly prepared by two or more local planning authorities— shall apply to each of those authorities.
the requirement to serve a copy under subsection (1) of section 46; and
the right to be supplied with a statement under subsection (2) of that section,
The date of the coming into operation— shall be a date jointly agreed by those authorities.
of proposals for the alteration or replacement of a structure plan prepared jointly by two or more local planning authorities; and
of a local plan or proposals for its alteration or replacement so prepared,
Where, by virtue of any of the previous provisions of this Chapter, any survey is required to be carried out, or any local plan or proposals for the alteration, . . .or replacement of such a plan or of a structure plan are required to be prepared or submitted to the Secretary of State, or steps are required to be taken for the adoption of any local plan or any such proposals, then— the Secretary of State may carry out the survey or prepare and make a local plan or, as the case may be, alter, . . . or replace such a plan or a structure plan, as he thinks fit.
if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the relevant local planning authority are not carrying out the survey or are not taking the steps necessary to enable them to submit or adopt a local plan or such proposals within a reasonable period; or
in a case where a period is specified for the submission or adoption of a local plan or any such proposals, if no such plan or proposals have been submitted or adopted within that period,
Where under subsection (1) the Secretary of State may do anything which should have been done by a local planning authority (“the defaulting authority”) he may, if he thinks fit, authorise any other local planning authority who appear to him to have an interest in the proper planning of the area of the defaulting authority to do it.
The previous provisions of this Chapter shall, so far as applicable, apply with any necessary modifications in relation to the doing of anything under this section by the Secretary of State or an authority other than the defaulting authority and the thing so done.
The defaulting authority—
shall on demand repay to the Secretary of State so much of any expenses incurred by him in connection with the doing of anything which should have been done by them as he certifies to have been incurred in the performance of their functions; and
shall repay to any other authority who do under this section anything which should have been done by the defaulting authority any expenses certified by the Secretary of State to have been reasonably incurred by that other authority in connection with the doing of that thing.
As soon as practicable after an order has been made under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (adoption of enterprise zone scheme) or a notification has been given under paragraph 11 of that Schedule (modification of such a scheme) 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.
any county planning authority for an area in which the enterprise zone is wholly or partly situated shall review any structure plan for their area or for part of it which relates to the whole or part of the zone in the light of the provisions of the scheme or modified scheme; and
any local planning authority for an area in which the enterprise zone is wholly or partly situated shall review any local plan prepared by it which relates to any land in the zone.
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The Secretary of State may direct— in relation to the area of an urban development corporation.
that a structure plan shall not operate; or
that a local plan shall not be prepared or operate,
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.
Without prejudice to the previous provisions of this Chapter, the Secretary of State may make regulations with respect to the form and content of structure and local plans and the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making, alteration, . . .and replacement.
In particular any such regulations may—
provide for publicity to be given to the report of any survey carried out by a local planning authority under section 30;
provide for the notice to be given of or the publicity to be given to— and for publicity to be given to the procedure to be followed as mentioned in subsection (1);
matters included or proposed to be included in any such plan,
the approval, adoption or making of any such plan or any alteration, . . . or replacement of it, or
any other prescribed procedural step,
make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, repeal or replacement;
without prejudice to paragraph (b), provide for notice to be given to particular persons of the approval, adoption or alteration of any plan, if they have objected to the plan and have notified the relevant local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;
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;
require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;
require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request with copies of any plan or document which has been made public in compliance with the regulations or available for inspection under section 33(2) or 40(2), subject (if the regulations so provide) to the payment of a reasonable charge;
provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, . . . or replacing any such plan, and for copies of any such plan or document to be made available on sale.
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;
Regulations under this section may extend throughout England and Wales or to specified areas only and may make different provision for different cases.
Subject to the previous provisions of this Chapter and to any regulations under this section, the Secretary of State may give directions to any local planning authority, or to local planning authorities generally—
for formulating the procedure for the carrying out of their functions under this Chapter;
for requiring them to give him such information as he may require for carrying out any of his functions under this Chapter.
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Subject to subsection (4), for the purposes of this Act and any other enactment relating to town and country planning, the Land Compensation Act 1961 and the Highways Act l980, the development plan for any district outside Greater London and the metropolitan counties (whether the whole or part of the area of a local planning authority) shall be taken as consisting of— 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.
the provisions of the structure plan for the time being in operation in the area;
any alterations to that structure plan;
the provisions of the local plan and any minerals local plan or waste local plan for the time being in operation in the area;
any alterations to that local plan or minerals local plan or waste local plan,
References in subsection (1) to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to a district forming part of the area to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the district.
References in subsection (1) to notices of approval shall, in relation to any plan or alteration made by the Secretary of State under section 51, be construed as references to notices of the making of the plan or alteration.
This section has effect subject to Part III of Schedule 2 (old development plans) and Part III of Schedule 4 to the Planning and Compensation Act 1991.
Any reference in the Land Compensation Act 1961 to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.
Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise
Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—
the carrying out for the maintenance, improvement or other alteration of any building of works which— and are not works for making good war damage or works begun after 5th December 1968 for the alteration of a building by providing additional space in it underground;
affect only the interior of the building, or
do not materially affect the external appearance of the building,
the carrying out on land within the boundaries of a road by a . . . highway authority of any works required for the maintenance or improvement of the road but, in the case of any such works which are not exclusively for the maintenance of the road, not including any works which may have significant adverse effects on the environment;
the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;
the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;
the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;
in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class.
For the purposes of this Act “ building operations ” includes—
demolition of buildings;
rebuilding;
structural alterations of or additions to buildings; and
other operations normally undertaken by a person carrying on business as a builder.
For the avoidance of doubt it is hereby declared that for the purposes of this section—
the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;
the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—
the superficial area of the deposit is extended, or
the height of the deposit is extended and exceeds the level of the land adjoining the site.
For the purposes of this Act mining operations include—
the removal of material of any description—
from a mineral-working deposit;
from a deposit of pulverised fuel ash or other furnace ash or clinker; or
from a deposit of iron, steel or other metallic slags; and
the extraction of minerals from a disused railway embankment.
the demolition of any description of building specified in a direction given by the Secretary of State to local planning authorities generally or to a particular local planning authority.
The Secretary of State may in a development order specify any circumstances or description of circumstances in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage amount as is so specified.
Without prejudice to any regulations made under the provisions of this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.
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The development order may make different provision for different purposes.
Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection—
Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated—
if the development consists of the carrying out of operations, at the time when those operations are begun;
if the development consists of a change in use, at the time when the new use is instituted;
if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).
For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.
The provisions referred to in subsection (2) are sections 61L(5) and (7), 70D, 85(2), 86(6), 87(4), 89, 90B, 91, 92, 93G, 93H, 94 and 108(3E)(c)(i) and paragraph 13 of Schedule 7A.
In subsection (2) “material operation” means—
any work of construction in the course of the erection of a building;
the digging of a trench which is to contain the foundations, or part of the foundations, of a building;
any work of demolition of a building;
the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (b);
any operation in the course of laying out or constructing a road or part of a road;
any change in the use of any land which constitutes material development.
In subsection (4)(e) “material development” means any development other than—
development for which planning permission is granted by a general development order , a local development order or a Mayoral development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted;
development of a class specified in paragraph 1 or 2 of Schedule 3; and
development of any class prescribed for the purposes of this subsection.
In subsection (5) “general development order” means a development order (within the meaning of section 59) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in England and Wales.
Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.
Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.
Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required) and section 20(1) of the Infrastructure (Wales) Act 2024 (exclusion of requirement for planning permission etc. for development for which infrastructure consent is required).
Where by a development order , a local development order or a neighbourhood development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.
Where an enforcement notice has been issued in respect of any development of land, planning permission is not required for its use for the purpose for which (in accordance with the provisions of this Part of this Act) it could lawfully have been used if that development had not been carried out.
In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.
For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of Part III of the 1947 Act, Part III of the 1962 Act or Part III of the 1971 Act.
Subsection (1) has effect subject to Schedule 4 (which makes special provision about use of land on 1st July 1948).
Planning permission may be granted—
by a development order , a local development order or a neighbourhood development order;
by the local planning authority (or, in the cases provided in this Part, by the Secretary of State or the Welsh Ministers) on application to the authority (or, in the cases provided in this Part, on application to the Secretary of State or the Welsh Ministers) in accordance with a development order;
on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 82 or, as the case may be, section 86; or
on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the Local Government, Planning and Land Act 1980 in accordance with section 88 of this Act.
by the Secretary of State in accordance with the provisions of sections 293B to 293J.
Planning permission may also be deemed to be granted under section 90 (development with government authorisation).
This section is without prejudice to any other provisions of this Act providing for the granting of permission.
The Secretary of State shall by order (in this Act referred to as a “development order”) provide for the granting of planning permission.
A development order may either—
itself grant planning permission for development specified in the order or for development of any class specified; or
in respect of development for which planning permission is not granted by the order itself, provide for the granting of planning permission by the local planning authority (or, in the cases provided in the following provisions, by the Secretary of State or the Welsh Ministers) on application to the authority (or, in the cases provided in the following provisions, on application to the Secretary of State or the Welsh Ministers) in accordance with the provisions of the order.
A development order may be made either—
as a general order applicable, except so far as the order otherwise provides, to all land, or
as a special order applicable only to such land or descriptions of land as may be specified in the order.
In this Act, references to a development order are—
in relation to England, references to a development order made by the Secretary of State;
in relation to Wales, references to a development order made by the Welsh Ministers.
Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.
Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings in Wales, the order may require the approval of the local planning authority to be obtained with respect to the design or external appearance of the buildings.
Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for building operations in England, the order may require the approval of the local planning authority, or the Secretary of State, to be obtained—
for those operations, or
with respect to any matters that relate to those operations, or to the use of the land in question following those operations, and are specified in the order.
Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the local planning authority to direct that the permission shall not apply either—
in relation to development in a particular area, or
in relation to any particular development.
Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.
Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development consisting of a change in the use of land in England, the order may require the approval of the local planning authority, or of the Secretary of State, to be obtained—
for the use of the land for the new use;
with respect to matters that relate to the new use and are specified in the order.
Without prejudice to the generality of subsections (1) and (1A), a development order may include provision for ensuring—
that, before a person in reliance on planning permission granted by the order carries out development of land in England that is a dwelling house or is within the curtilage of a dwelling house—
a written description, and a plan, of the proposed development are given to the local planning authority,
notice of the proposed development, and of the period during which representations about it may be made to the local planning authority, is served by the local planning authority on the owner or occupier of any adjoining premises, and
that period has ended, and
that, where within that period an owner or occupier of any adjoining premises objects to the proposed development, it may be carried out in reliance on the permission only if the local planning authority consider that it would not have an unacceptable impact on the amenity of adjoining premises.
In subsection (2B) “adjoining premises” includes any land adjoining—
the dwelling house concerned, or
the boundary of its curtilage.
A development order may either—
itself grant permission in principle, in relation to land in England that is allocated for development in a qualifying document (whether or not in existence when the order is made) for development of a prescribed description; or
provide for the granting by a local planning authority in England, on application to the authority in accordance with the provisions of the order, of permission in principle for development of a prescribed description.
In this section—
“relevant function” means a function exercisable by a relevant local planning authority in relation to an application under this Act;
The following documents fall within this subsection—
a register maintained in pursuance of regulations under section 14A of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”);
a local plan or supplementary plan within the meaning of Part 2 of the 2004 Act (see section 15LH of that Act);
a document which is, or forms part of, a minerals and waste plan within the meaning of Part 2 of the 2004 Act (“a minerals and waste plan document”);
a neighbourhood development plan within the meaning given by section 38A of the 2004 Act.
Permission in principle granted by a development order takes effect— But a development order may provide that, if the local planning authority so directs, permission in principle does not take effect until the date specified by the local planning authority in the direction.
when the qualifying document takes effect, if the land in question is allocated for development in the document at that time;
otherwise, when the qualifying document is revised so that the land in question is allocated for development.
For the purposes of subsection (4)(a)—
a register maintained in pursuance of regulations under section 14A of the 2004 Act takes effect when it is first published;
a local plan, minerals and waste plan document or supplementary plan takes effect when it is adopted or approved under Part 2 of the 2004 Act;
a neighbourhood development plan takes effect when it is made by the local planning authority.
Permission in principle granted by a development order is not brought to an end by the qualifying document ceasing to have effect or being revised.
Permission in principle granted by a development order ceases to have effect on the expiration of—
five years beginning with the date on which it takes effect; or
such other period (whether longer or shorter) beginning with that date as the local planning authority may direct.
Permission in principle granted by a local planning authority ceases to have effect on the expiration of—
three years beginning with the date on which it takes effect; or
such other period (whether longer or shorter) beginning with that date as the local planning authority may direct.
The Secretary of State may by regulations amend subsection (7)(a) or (8)(a) by substituting a shorter period for the period for the time being specified there.
A development order—
may make provision in relation to an application for planning permission for development of land in respect of which permission in principle has been granted;
may require the local planning authority to prepare, maintain and publish a register containing prescribed information as to permissions in principle granted by a development order.
In exercising a power of direction conferred by virtue of subsection (4), or conferred by subsection (7)(b) or (8)(b), a local planning authority must have regard to the provisions of the development plan and any other material considerations.
In exercising any other function exercisable by virtue of this section, or in exercising any function in relation to an application for planning permission for development of land in respect of which permission in principle has been granted, a local planning authority must have regard to any guidance issued by the Secretary of State.
In relation to an application for permission in principle which under any provision of this Part , or under section 293D, is made to, or determined by, the Secretary of State instead of the local planning authority, a reference in subsection (1) or (8) to a local planning authority has effect (as necessary) as a reference to the Secretary of State.
A general development order may make different provision with respect to different descriptions of land.
For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any pre 1947 Act enactment, or any regulations, orders or byelaws made at any time under any such enactment—
shall not apply to any development specified in the order, or
shall apply to it subject to such modifications as may be so specified.
In subsection (2) “pre 1947 Act enactment” means—
any enactment passed before 6th August 1947 (the date of the passing of the 1947 Act), and
any enactment contained in the Highways Act 1980 which—
is an enactment derived from the Highways Act 1959, and
re-enacts (with or without modifications) any such enactment as is mentioned in paragraph (a).
Permission in principle may be granted for housing-led development of land in England as provided in section 59A.
Permission in principle may not be granted for development consisting of the winning and working of minerals.
For the effect of permission in principle, see section 70(2ZZA) to (2ZZC) (application for technical details consent must be determined in accordance with permission in principle, except after a prescribed period).
A reference to permission in principle in any provision of this Act in its application to land in Wales, or in its application to functions of the Welsh Ministers or other authorities in Wales, is to be ignored.
shall be made in such manner as may be prescribed by regulations under this Act; and
A development order may make provision as to applications for planning permission or permission in principle made to a local planning authority.
Provision referred to in subsection (1) includes provision as to—
the form and manner in which the application must be made;
particulars of such matters as are to be included in the application;
documents or other materials as are to accompany the application.
shall include such particulars and be verified by such evidence as may be required by the regulations or by directions given by the local planning authority under them.
In subsections (1) and (2) references to applications for planning permission include references to —
applications for any consent, agreement or approval required by a condition under section 61C(1)(b),
applications for consent, agreement or approval as mentioned in section 61DB(2), and
applications for approval under section 61L(2) , and
applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).
The local planning authority may require that an application for planning permission must include—
such particulars as they think necessary;
such evidence in support of anything in or relating to the application as they think necessary.
But a requirement under subsection (3) must not be inconsistent with provision made under subsection (1).
Also, a requirement under subsection (3) in respect of an application ...—
must be reasonable having regard, in particular, to the nature and scale of the proposed development; and
may require particulars of, or evidence about, a matter only if it is reasonable to think that the matter will be a material consideration in the determination of the application.
A development order must require that an application for planning permission of such description as is specified in the order must be accompanied by such of the following as is so specified—
a statement about the design principles and concepts that have been applied to the development;
a statement about how issues relating to access to the development have been dealt with.
The form and content of a statement mentioned in subsection (5) is such as is required by the development order.
In subsection (8) “a relevant application” means the application for planning permission or permission in principle in a case where a person—
has been required by section 61W(1) to carry out consultation on a proposed application for planning permission or permission in principle, and
is going ahead with making an application for planning permission or permission in principle (whether or not in the same terms as the proposed application).
A development order must require that a relevant application be accompanied by particulars of—
how the person complied with section 61W(1),
any responses to the consultation that were received by the person, and
the account taken of those responses.
In subsection (10), a “relevant Welsh application” means an application for planning permission, in a case where a person—
has been required by section 61Z to carry out consultation on a proposed application for planning permission for the development of land, and
is going ahead with making an application for planning permission for the development (whether or not in the same terms as the proposed application).
A development order must require a relevant Welsh application to be accompanied by a report (the “pre-application consultation report”) giving particulars of—
how the applicant complied with section 61Z;
any responses to the consultation received from persons consulted under section 61Z(3) or (4);
the account taken of those responses.
A development order may make provision about the form and content of the pre-application consultation report.
An application for planning permission may relate to buildings or works constructed or carried out, or a use of land instituted, before the date of the application.
Such an application may be—
in respect of buildings or works constructed or carried out, or a use instituted, without planning permission or in accordance with planning permission granted for a limited period; or
for permission to retain buildings or works, or continue the use of land, without complying with some condition subject to which a previous planning permission was granted.
Any power to grant planning permission to develop land under this Act shall include power to grant planning permission for the retention on land of buildings or works constructed or carried out, or for the continuance of a use of land instituted, as mentioned in subsection (2); and references in the planning Acts to planning permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly.
Any planning permission granted in accordance with subsection (3) may be granted—
so as to take effect from the date on which the buildings or works were constructed or carried out or the use was instituted, or
in the case of buildings or works constructed or carried out or a use instituted in accordance with planning permission granted for a limited period, so as to take effect from the end of that period.
Subsection (3) shall not affect the construction of section 65, 71(1) or 197 or Part V.
If any person who proposes to carry out any operations on land, or to make any change in the use of land— he may apply to the local planning authority to determine that question.
wishes to have it determined whether the carrying out of those operations, or the making of that change, would constitute or involve development of the land, and
if so, whether an application for planning permission in respect of it is required under this Part (having regard to the provisions of any development order, enterprise zone scheme or simplified planning zone scheme),
An application under subsection (1) may be made either as part of an application for planning permission or without any such application.
The provisions of sections 59, 69(1), (2) and (5), 70, 74, 77, 78 and 79 shall, subject to any necessary modifications, apply in relation to any application under this section, and to the determination of it, as they apply in relation to applications for planning permission and to the determination of such applications.
A development order may make provision requiring— and provide for publicising such applications and for the form, content and service of such notices and certificates.
notice to be given of any application for planning permission or permission in principle, and
any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,
Provision shall be made by a development order for the purpose of securing that, in the case of any application for planning permission, any person (other than the applicant) who on such date as may be prescribed by the order is an owner of the land to which the application relates, or an agricultural tenant of that land, is given notice of the application in such manner as may be required by the order.
by a copy of a notice of the application, in such form as may be prescribed by a development order, and by such evidence as may be so prescribed that the notice has been published in a local newspaper circulating in the locality in which the land to which the application relates is situated; and
by a certificate signed by or on behalf of the applicant stating—
that he has complied with subsection (3) and when he did so, or
that he has been unable to comply with it because he has not such rights of access or other rights in respect of the land as would enable him to do so, and that he has taken such reasonable steps as are open to him (specifying them) to acquire those rights but has been unable to acquire them.
A development order may require an applicant for planning permission or permission in principle to certify, in such form as may be prescribed by the order, or to provide evidence, that any requirements of the order have been satisfied.
post on the land a notice, in such form as may be prescribed by a development order, stating that the application for planning permission is to be made; and
leave the notice in position for not less than seven days in a period of not more than one month immediately preceding the making of the application to the local planning authority.
A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.
must be posted by affixing it firmly to some object on the land, and
must be sited and displayed in such a way as to be easily visible and legible by members of the public without their going on the land.
In subsections (1) and (3) references to —
any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval, and
any application for planning permission or any applicant for such permission include references to any application for approval under section 61L(2) or any applicant for such approval , and
any application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1) or any applicant for such consent, agreement or approval.
A local planning authority shall not entertain an application for planning permission or permission in principle unless any requirements imposed by virtue of this section have been satisfied.
If any person— he shall be guilty of an offence.
issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular; or
recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this section— and the reference to the interests in the land to which an application for planning permission or permission in principle relates includes any interest in any mineral in, on or under the land.
Notwithstanding section 127 of the Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.
Without prejudice to section 65, a local planning authority shall not entertain any application for planning permission unless it is accompanied by one of the following certificates signed by or on behalf of the applicant—
a certificate stating that, at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates;
a certificate stating that the applicant has given the requisite notice of the application to all the persons (other than himself) who at the beginning of that period were owners of any of the land to which the application relates, and setting out—
the names of those persons,
the addresses at which notice of the application was given to them respectively, and
the date of service of each such notice;
a certificate stating—
that the applicant is unable to issue a certificate in accordance with paragraph (a) or (b),
that he has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of the service of each such notice), and
that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons but has been unable to do so;
a certificate stating—
that the applicant is unable to issue a certificate in accordance with paragraph (a), and
that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) but has been unable to do so.
Any such certificate as is mentioned in paragraph (c) or (d) of subsection (1) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate been published in a local newspaper circulating in the locality in which the land in question is situated.
The date specified in a certificate under subsection (2) must not be earlier than the beginning of the period mentioned in subsection (1)(a).
In addition to any other matters required to be contained in a certificate issued for the purposes of this section, every such certificate must contain a statement —
that none of the land to which the application relates constitutes or forms part of an agricultural holding; or
that the applicant has given the requisite notice of the application to every person (other than himself) who, at the beginning of the period mentioned in subsection (1)(a), was a tenant of any agricultural holding any part of which was comprised in the land to which the application relates.
Such a statement as is mentioned in subsection (4)(b) must set out—
the name of each person to whom the applicant has given notice of the application,
the address at which notice was given to him, and
the date of service of that notice.
Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b),(c) or (d), or by a certificate containing a statement in accordance with subsections (4)(b) and (5), the local planning authority shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or, if later, the date of publication of a notice as mentioned in the certificate.
In this section— “ agricultural holding ” has the same meaning as in the Agricultural Holdings Act 1986.
“common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;
Where in such proceedings—
it has been proved that any steps required by the notice under section 215 have not been taken within the compliance period, and
the original defendant proves that the failure to take those steps was attributable, in whole or in part, to the default of a person specified in a notice under subsection (3) or (4),
of restoring the land to its condition before the development took place; or
“premises” means building, wall, fence or other structure or erection, or apparatus or plant;
had been granted by the local planning authority under Part III or section 293A or by the Secretary of State or Welsh Ministers under Part 13; and
had been revoked or modified by an order under section 97.
of securing compliance with the conditions or limitations subject to which planning permission was granted,
“universal postal service pouch-box” has the meaning given in paragraph 1(10) of Schedule 6 to that Act.
the estate owner in respect of the fee simple in the land, or
entitled to a tenancy of the land granted or extended for a term of years certain of which not less than seven years remain unexpired; and
In the case of applications for planning permission for development consisting of the winning and working of minerals section 66 shall have effect with the following modifications.
Subsection (1) of that section and the following provisions of this section shall have effect as if any person entitled to an interest in a relevant mineral in any of the land to which the application relates were an owner of the land.
In the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operations, the local planning authority may entertain the application if, instead of being accompanied by any of the certificates mentioned in subsection (1) of that section, it is accompanied by a certificate signed by or on behalf of the applicant—
stating that he has given the requisite notice of the application to such one or more of the persons specified in the certificate who, at the beginning of the period of 21 days ending with the date of the application, were owners (within the meaning of section 66) of any of the land to which the application relates or entitled to an interest in a relevant mineral in that land;
setting out the names of those persons, the addresses at which notice of the application was given to them respectively and the date of service of each such notice;
stating that there is no such person as is mentioned in paragraph (a) whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application; and
stating that he has complied with subsection (7) and when he did so.
In this section “ relevant mineral ” means any mineral other than oil, gas, coal, gold or silver.
Any such certificate as is mentioned in subsection (3) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in it been published in a local newspaper circulating in the locality in which the land in question is situated.
The date specified under subsection (5) must not be earlier than the beginning of the period mentioned in paragraph (a) of subsection (3).
In order to comply with this subsection the applicant must—
post the requisite notice of the application, sited and displayed in such a way as to be easily visible and legible by members of the public, in at least one place in every parish or community within which there is situated any part of the land to which the application relates; and
leave the notice in position for not less than seven days in the period of 21 days immediately preceding the making of the application to the local planning authority.
The applicant shall not be treated as unable to comply with subsection (7) if the notice is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsection (7)(b) have elapsed, if he has taken reasonable steps for its protection and, if need be, replacement.
If the applicant has cause to rely on subsection (8), his certificate under subsection (3) shall state the relevant circumstances.
The notice required by subsection (7) shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice (which must not be less than 21 days beginning with the date on which the notice is first posted).
Subsections (4), (5) and (6) of section 66 shall apply in relation to certificates under subsection (3) as they apply to certificates under subsection (1)(b) of that section but as if at the end of subsection (6) there were added the words “or, if later, the latest of the dates on which a notice was posted as mentioned in subsection (7)(a) of section 67”.
If any person— he shall be guilty of an offence.
issues a certificate which purports to comply with the requirements of subsection (2)(b) of section 65 or of section 66 or 67 and contains a statement which he knows to be false or misleading in a material particular, or
recklessly issues a certificate which purports to comply with those requirements and contains a statement which is false or misleading in a material particular,
A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Any certificate issued for the purpose of section 65, 66 or 67 shall be in such form as may be prescribed by a development order for a certificate under that section.
Any reference in any provision of section 66 or 67 to the requisite notice, where a form of notice is prescribed by a development order for the purposes of that provision, is a reference to a notice in that form.
The local planning authority must keep a register containing such information as is prescribed as to—
applications for planning permission;
applications for permission in principle;
applications for non-material changes to planning permission under section 96A;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
local development orders;
Mayoral development orders;
street vote development orders or proposals for such orders;
neighbourhood planning matters;
simplified planning zone schemes;
applications for approval of biodiversity gain plans under Part 2 of Schedule 7A;
development progress reports under section 90B;
commencement notices under section 93G.
The register must contain—
information as to the manner in which applications mentioned in subsection (1)(a) and (aa) , (aa) , (aza) and (e) and requests mentioned in subsection (1)(b) have been dealt with;
such information as is prescribed with respect to any local development order , Mayoral development order, street vote development order or proposal for such an order, neighbourhood planning matter or simplified planning zone scheme in relation to the authority’s area;
such information as is prescribed with respect to development progress reports under section 90B that are provided to the local planning authority;
such information as is prescribed with respect to commencement notices under section 93G that are given to the local planning authority.
A development order may require the register to be kept in two or more parts.
For the purposes of subsections (1) and (2) “neighbourhood planning matters” means—
neighbourhood development orders;
neighbourhood development plans (made under section 38A of the Planning and Compulsory Purchase Act 2004); and
proposals for such orders or plans.
Each part must contain such information as is prescribed relating to the matters mentioned in subsection (1)(a) , (aa) , (aza) and (b).
for a specified part of the register to contain copies of applications and of any plans or drawings submitted with them; and
for the entry relating to any application, and everything relating to it, to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).
A development order may also make provision—
for a specified part of the register to contain copies of applications or requests and of any other documents or material submitted with them;
for the entry relating to an application or request (and everything relating to it) to be removed from that part of the register when the application (including any appeal arising out of it) or the request (as the case may be) has been finally disposed of.
Provision made under subsection (5)(b) does not prevent the inclusion of a different entry relating to the application or request in another part of the register.
The register must be kept in such manner as is prescribed.
The register must be kept available for inspection by the public at all reasonable hours.
Anything prescribed under this section must be prescribed by development order.
A register kept under section 69 by a local planning authority in England must (in addition to the information prescribed under that section) also contain such information as is prescribed as to—
prior approval applications made in connection with planning permission granted by a development order;
the manner in which such applications have been dealt with by the authority;
notifications of proposed development made in connection with planning permission granted by a development order;
any actions taken by the authority following such notifications.
A “prior approval application”, in connection with planning permission granted by a development order, means an application made to a local planning authority for—
any approval of the authority required under the order, or
a determination from the authority as to whether such approval is required.
A “notification of proposed development”, in connection with planning permission granted by a development order, means a notification made to a local planning authority to meet a requirement under the order.
The power in subsection (1)(b) to prescribe information as to the manner in which applications have been dealt with by a local planning authority includes power to prescribe information as to cases where the authority does not respond to an application.
Where the register is kept in two or more parts, each part must contain such information as is prescribed relating to the matters mentioned in subsection (1)(a) and (c).
A development order may also make provision—
for a specified part of the register to contain copies of applications or notifications and of any documents or material submitted with them;
for the entry relating to an application (and everything relating to it) to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of;
for the entry relating to a notification (and everything relating to it) to be removed from that part of the register in such circumstances as may be prescribed.
Provision under subsection (6)(b) or (c) does not prevent the inclusion of a different entry relating to the application or notification in another part of the register.
Anything prescribed under this section must be prescribed by development order.
A development order—
may make different provision for different kinds of application or notification;
may make provision which applies generally or only in relation to particular kinds of notification or application.
A local planning authority may by order (a local development order) make provision to implement policies—
in one or more development plan documents (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004);
in a local development plan (within the meaning of Part 6 of that Act).
A local planning authority may by order (a local development order) grant planning permission—
for development specified in the order;
for development of any class so specified.
A local development order may relate to—
all land in the area of the relevant authority;
any part of that land;
a site specified in the order.
A local development order may make different provision for different descriptions of land.
But a development order may specify any area or class of development in respect of which a local development order must not be made.
A local planning authority may revoke a local development order at any time.
Schedule 4A makes provision in connection with local development orders.
At any time before a local development order is adopted by a local planning authority in Wales, the appropriate authority may direct that the order (or any part of it) is submitted to it for its approval.
If the appropriate authority gives a direction under subsection (1)—
the authority must not take any step in connection with the adoption of the order until the appropriate authority gives its decision;
the order has no effect unless it (or, if the direction relates to only part of an order, the part) has been approved by the appropriate authority.
In considering an order or part of an order submitted under subsection (1) the appropriate authority may take account of any matter which it thinks is relevant.
It is immaterial whether any such matter was taken account of by the local planning authority.
The appropriate authority—
may approve or reject an order or part of an order submitted to it under subsection (1);
must give reasons for its decision under paragraph (a).
If the appropriate authority thinks that a local development order being prepared by a local planning authority in Wales is unsatisfactory—
it may at any time before the order is adopted by the local planning authority direct them to modify it in accordance with the direction;
if it gives such a direction it must state its reasons for doing so.
The local planning authority—
must comply with the direction;
must not adopt the order unless the appropriate authority gives notice that it is satisfied that they have complied with the direction.
Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order's adoption as is reasonably practicable.
The appropriate authority—
may at any time by order revoke a local development order if it thinks it is expedient to do so;
must, if it revokes a local development order, state its reasons for doing so.
Subsections (3) to (6) of section 100 apply to an order under subsection (8) above as they apply to an order under subsection (1) of that section and for that purpose references to the Secretary of State must be construed as references to the appropriate authority.
The appropriate authority is—
the Secretary of State in relation to England;
the National Assembly for Wales in relation to Wales.
Planning permission granted by a local development order may be granted—
unconditionally, or
subject to such conditions or limitations as are specified in the order.
If the permission is granted for development of a specified description the order may enable the local planning authority to direct that the permission does not apply in relation to—
development in a particular area, or
any particular development.
A development order or local development order may include provision permitting the completion of development if —
planning permission is granted by the order in respect of the development, and
the planning permission is withdrawn at a time after the development is started but before it is completed.
Planning permission granted by a development order is withdrawn—
if the order is revoked;
if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
by the issue of a direction under powers conferred by the order.
Planning permission granted by a local development order is withdrawn—
if the order is revoked under section 61A(6) or 61B(8);
if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
by the issue of a direction under powers conferred by the order.
The power under this section to include provision in a development order or a local development order may be exercised differently for different purposes.
The Mayor of London may by order (a Mayoral development order) grant planning permission for development specified in the order on one or more sites specified in the order.
The site or sites must fall within—
the area of a local planning authority in Greater London, or
the areas of two or more local planning authorities in Greater London.
The Secretary of State may by development order specify an area or class of development in respect of which a Mayoral development order must not be made.
Planning permission granted by a Mayoral development order may be granted—
unconditionally, or
subject to such conditions or limitations as are specified in the order.
A condition imposed by a Mayoral development order may provide for the consent, agreement or approval to a matter specified in the condition to be given by one or more persons specified in the condition.
A person specified in a condition must be the Mayor of London or a relevant local planning authority.
The Secretary of State may by development order provide that, if the consent, agreement or approval of a person required by a condition imposed by a Mayoral development order is not given within a specified period, that consent, agreement or approval may be sought from a specified person.
In subsection (4) “specified” means specified, or of a description specified, in the development order.
The Secretary of State may by development order make provision for a person to apply for planning permission for the development of land without complying with a condition imposed on the grant of planning permission by a Mayoral development order.
A development order under subsection (6) may, in particular make provision similar to that made by section 73, subject to such modifications as the Secretary of State thinks appropriate.
So far as the context requires, in relation to— any reference in an enactment to a local planning authority (however expressed) includes a reference to the Mayor.
an application for the consent, agreement or approval of the Mayor of London to a matter specified in a condition imposed by a Mayoral development order, or
the determination of such an application,
For the purposes of this Act a local planning authority is a relevant local planning authority in relation to a Mayoral development order or proposed Mayoral development order if a site or part of a site to which the order or proposed order relates is within the authority's area.
The Secretary of State may by development order make provision about the procedure for the preparation and making of a Mayoral development order.
A development order under subsection (1) may in particular make provision about—
notice, publicity and inspection by the public;
consultation with and consideration of views of such persons and for such purposes as are specified in the order;
the making and consideration of representations.
A Mayoral development order may be made only in response to an application to the Mayor of London by each relevant local planning authority.
A proposed Mayoral development order may be consulted on only with the consent of each relevant local planning authority.
A Mayoral development order may not be made unless the order has been approved, in the form in which it is made, by each relevant local planning authority.
If the Mayor of London makes a Mayoral development order, the Mayor must send a copy to the Secretary of State as soon as is reasonably practicable after the order is made.
The Mayor of London may at any time revise or revoke a Mayoral development order with the approval of each relevant local planning authority.
The Mayor of London must revise a Mayoral development order if the Secretary of State directs the Mayor to do so (and the requirement for the approval of each relevant local planning authority does not apply in those circumstances).
The Secretary of State may at any time revoke a Mayoral development order if the Secretary of State thinks it is expedient to do so.
The power under subsection (3) is to be exercised by order made by the Secretary of State.
If the Secretary of State revokes a Mayoral development order the Secretary of State must state the reasons for doing so.
The Secretary of State may by development order make provision about—
the steps to be taken by the Secretary of State before giving a direction or making an order under this section;
the procedure for the revision or revocation of a Mayoral development order.
A development order under subsection (6) may in particular make provision about—
notice, publicity and inspection by the public;
consultation with and consideration of views of such persons and for such purposes as are specified in the order;
the making and consideration of representations.
This section applies if planning permission for development granted by a Mayoral development order is withdrawn at a time when the development has been started but not completed.
For this purpose planning permission for development granted by a Mayoral development order is withdrawn—
if the order is revoked under section 61DD, or
if the order is revised under that section so that it ceases to grant planning permission for the development or materially changes any condition or limitation to which the grant of permission is subject.
The development may, despite the withdrawal of the permission, be completed, subject as follows.
If the permission is withdrawn because the Mayoral development order is revoked by the Mayor of London, the Mayor may make a determination that subsection (3) is not to apply in relation to development specified in the determination.
A determination under subsection (4) must be published in such manner as the Mayor of London thinks appropriate.
If the permission is withdrawn because the Mayoral development order is revoked by an order made by the Secretary of State under section 61DD, the order under that section may provide that subsection (3) is not to apply in relation to development specified in that order.
If the permission is withdrawn because the order is revised as mentioned in subsection (2)(b), the revised order may provide that subsection (3) is not to apply in relation to development specified in the order.
The power under this section to include provision in an order under section 61DD or a Mayoral development order may be exercised differently for different purposes.
Where an application is made to a local planning authority for planning permission—
subject to ... paragraph 13 of Schedule 7A and sections 90B, 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or
they may refuse planning permission.
In dealing with an application for planning permission or permission in principle the authority shall have regard to—
the provisions of the development plan, so far as material to the application,
a post-examination draft neighbourhood development plan, so far as material to the application,
any considerations relating to the use of the Welsh language, so far as material to the application;
any local finance considerations, so far as material to the application, and
any other material considerations.
Where an application is made to a local planning authority for permission in principle—
they may grant permission in principle; or
they may refuse permission in principle.
Subsection (1) has effect subject to section 65 and to the following provisions of this Act, to sections 66, 67, 72 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990 , to section 160 of the Historic Environment (Wales) Act 2023 and to section 15 of the Health Services Act 1976.
The authority must determine an application for technical details consent in accordance with the relevant permission in principle. This is subject to subsection (2ZZC).
An application for technical details consent is an application for planning permission that—
relates to land in respect of which permission in principle is in force,
proposes development all of which falls within the terms of the permission in principle, and
particularises all matters necessary to enable planning permission to be granted without any reservations of the kind referred to in section 92.
Subsection (2ZZA) does not apply where— “Prescribed” means prescribed for the purposes of this subsection in a development order.
the permission in principle has been in force for longer than a prescribed period, and
there has been a material change of circumstances since the permission came into force.
Subsection (2)(aa) applies only in relation to Wales.
Subsections (1A), (2)(b) and (2ZZA) to (2ZZC) do not apply in relation to Wales.
For the purposes of subsection (2)(aza) (but subject to subsections (3D) and (3E)) a draft neighbourhood development plan is a “post-examination draft neighbourhood development plan” if—
a local planning authority have made a decision under paragraph 12(4) of Schedule 4B with the effect that a referendum or referendums are to be held on the draft plan under that Schedule,
the Secretary of State has directed under paragraph 13B(2)(a) of that Schedule that a referendum or referendums are to be held on the draft plan under that Schedule,
an examiner has recommended under paragraph 13(2)(a) of Schedule A2 to the Planning and Compulsory Purchase Act 2004 (examination of modified plan) that a local planning authority should make the draft plan, or
an examiner has recommended under paragraph 13(2)(b) of that Schedule that a local planning authority should make the draft plan with modifications.
In the application of subsection (2)(aza) in relation to a post-examination draft neighbourhood development plan within subsection (3B)(d), the local planning authority must take the plan into account as it would be if modified in accordance with the recommendations.
A draft neighbourhood development plan within subsection (3B)(a) or (b) ceases to be a post-examination draft neighbourhood development plan for the purposes of subsection (2)(aza) if—
section 38A(4)(a) (duty to make plan) or (6) (cases in which duty does not apply) of the Planning and Compulsory Purchase Act 2004 applies in relation to the plan,
section 38A(5) (power to make plan) of that Act applies in relation to the plan and the plan is made by the local planning authority,
section 38A(5) of that Act applies in relation to the plan and the local planning authority decide not to make the plan,
a single referendum is held on the plan and half or fewer of those voting in the referendum vote in favour of the plan, or
two referendums are held on the plan and half or fewer of those voting in each of the referendums vote in favour of the plan.
A draft neighbourhood development plan within subsection (3B)(c) or (d) ceases to be a post-examination draft neighbourhood development plan for the purposes of subsection (2)(aza) if—
the local planning authority make the draft plan (with or without modifications), or
the local planning authority decide not to make the draft plan.
The references in subsection (3B) to Schedule 4B are to that Schedule as applied to neighbourhood development plans by section 38A(3) of the Planning and Compulsory Purchase Act 2004.
In this section—
“the relevant date”, in relation to any land, means the date with which the period of five years from the end of the war period ends, but for the purposes of this definition any time during which, notwithstanding subsection (2), planning control is unenforceable by reason of the subsistence in or over the land of any interest or right to possession held by or on behalf of the Crown shall be disregarded;
A development order may provide that a local planning authority shall not determine an application for planning permission or permission in principle before the end of such period as may be prescribed.
A development order may require a local planning authority—
to take into account in determining such an application such representations, made within such period, as may be prescribed; and
to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.
Before a local planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority with power to issue a site licence for that land, consult the local authority with that power.
In subsections (1) and (2) references to —
an application for consent, agreement or approval as mentioned in section 61DB(2), and
an application for planning permission include references to an application for approval under section 61L(2) , and
an application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).
A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.
In this section—
a levying body within the meaning of section 74 of the Local Government Finance Act 1988; and
the subsequent owner may be convicted of the offence; and
if the original owner also proves that he took all reasonable steps to secure compliance with the enforcement notice, he shall be acquitted of the offence.
Where in such proceedings—
“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;
the reference to water undertakers shall be construed as including a reference to the Environment Agency and the Natural Resources Body for Wales, and
The following abbreviations are used in this Table:— 1946 c. 35 = The Building Restrictions (War-Time Contraventions) Act 1946 1951 c. 60 = The Mineral Workings Act 1951 1953 c. 49 = The Historic Buildings and Ancient Monuments Act 1953 1958 c. 69 = The Opencast Coal Act 1958 1969 c. 22 = The Redundant Churches and Other Religious Buildings Act 1969 1969 c. 48. = The Post Office Act 1969 1971 c. 78 = The Town and Country Planning Act 1971 1972 c. 5 = The Local Employment Act 1972 1972 c. 42 = The Town and Country Planning (Amendment) Act 1972 1972 c. 70 = The Local Government Act 1972 1973 c. 26 = The Land Compensation Act 1973 1973 c. 37 = The Water Act 1973 1973 c. 41 = The Fair Trading Act 1973 1974 c. 7 = The Local Government Act 1974 1974 c. 32 = The Town and Country Amenities Act 1974 1974 c. 36 = The Mines (Working Facilities and Support) Act 1974 1975 c. 24 = The House of Commons Disqualification Act 1975 1975 c. 10 = The Statute Law (Repeals) Act 1975 1975 c. 71 = The Housing (Consequential Provisions) Act 1975 1975 c. 76 = The Local Land Charges Act 1975 1977 c. 29 = The Town and Country Planning (Amendment) Act 1977 1977 c. 38 = The Administration of Justice Act 1977 1977 c. 40 = The Control of Office Development Act 1977 1977 c. 45 = The Criminal Law Act 1977 1977 SI/293 = The Local Authorities Etc. (Miscellaneous Provisions) Order 1977 1978 c. 30 = The Interpretation Act 1978 1979 c. 46 = The Ancient Monuments and Archaeological Areas Act 1979 1980 c. 43 = The Magistrates' Courts Act 1980 1980 c. 65 = The Local Government, Planning and Land Act 1980 1980 c. 66 = The Highways Act 1980 1981 c. 36 = The Town and Country Planning (Minerals) Act 1981 1981 c. 38 = The British Telecommunications Act 1981 1981 c. 41 = The Local Government and Planning (Amendment) Act 1981 1981 c. 43 = The Disabled Persons Act 1981 1981 c. 54 = The Supreme Court Act 1981 1981 c. 64 = The New Towns Act 1981 1981 c. 66 = The Compulsory Purchase (Vesting Declarations) Act 1981 1981 c. 67 = The Acquisition of Land Act 1981 1981 c. 69 = The Wildlife and Countryside Act 1981 1982 c. 16 = The Civil Aviation Act 1982 1982 c. 21 = The Planning Inquiries (Attendance of Public) Act 1982 1982 c. 30 = The Local Government (Miscellaneous Provisions) Act 1982 1982 c. 48 = The Criminal Justice Act 1982 1982 c. 52 = The Industrial Development Act 1982 1982 SI/86 = The Town and Country Planning (Minerals) Act 1981 (Commencement No 1) Order 1982 1983 c. 47 = The National Heritage Act 1983 1984 c. 10 = The Town and Country Planning Act 1984 1984 c. 12 = The Telecommunications Act 1984 1984 c. 32 = The London Regional Transport Act 1985 c. 9 = The Companies (Consequential Provisions) Act 1985 1985 c. 19 = The Town and Country Planning (Compensation) Act 1985 1985 c. 51 = The Local Government Act 1985 1985 c. 52 = The Town and Country Planning (Amendment) Act 1985 1985 c. 71 = The Housing (Consequential Provisions) Act 1985 1986 c. 31 = The Airports Act 1986 1986 c. 63 = The Housing and Planning Act 1986 1986 c. 44 = The Gas Act 1986 1986 SI/452 = The Local Government Reorganisation (Miscellaneous Provision) (No 4) Order 1986 1987 c. 3 = The Coal Industry Act 1987 1988 c. 4 = The Norfolk and Suffolk Broads Act 1988 1988 c. 40 = The Education Reform Act 1988 1988 c. 50 = The Housing Act 1988 1989 c. 15 = The Water Act 1989 1989 c. 29 = The Electricity Act 1989 1989 c. 34 = The Law of Property (Miscellaneous Provisions) Act 1989 1989 c. 42 = The Local Government and Housing Act 1989 1989 c. 43 = The Statute Law (Repeals) Act 1989 1990 SI/465 = The Town and Country Planning (Blight Provisions) Order 1990 1990 SI/776 = The Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990
The Table does not show the effect of transfer of functions orders.
the reference to electricity undertakers shall be construed as a reference to holders of licences under section 6 of the Electricity Act 1989 who are entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.
The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commission’s Report on the Consolidation of Certain Enactments relating to Town and Country Planning (Cmnd.958).
The entry “drafting” indicates a provision of a mechanical or editorial nature only affecting the arrangement of the consolidation. Provision Derivation 1(1) 1971 c. 78 s.1(1)(a), (2A); 1985 c. 51 s.3(1); 1986 c. 63, Sch.11 para. 14. (2) 1971 c. 78 s.1(1)(b), (c); 1985 c. 51 s.3(1). (3) 1972 c. 70 s.182(2); 1985 c. 51 s.3(5). (4) 1971 c. 78 s.1(2B); 1985 c. 51 s.3(3). (5)(a) 1971 c. 78 s.1(6); 1972 c. 70 Sch.16 para. 43(b); 1988 c. 4 s.2(5), Sch.3 para. 8. (b) 1971 c. 78 s.1(1). (c) 1972 s.182(2). 2(1),(2) 1971 c. 78 s.1(2); 1972 c. 70 s.182(1). (3) 1971 c. 78 s.1(4). (4), (5) 1971 c. 78 Sch.1 paras. 1, 2 . (6) 1971 c. 78 Sch.1 para. 3; 1972 c. 70 Sch.16 paras. 49,52; 1972 s.272(2). (7) 1971 c. 78 s.1(6); 1972 c. 70 s.182(2) Sch.16 para. 43(b); 1988 c. 4 Sch. 3 para. 8. 3 (1) 1985 c. 51 s.5(1), drafting. (2) to (4) 1985 c. 51 s.5(2) to (4). 4(1) 1972 c. 70 s.182(4); 1985 c. 51 s.7(1), Sch.3 para. 3(1). (2) 1972 c. 70 s.182(5); 1985 c. 51 Sch.3 para. 3(1); R 1. (3) 1972 c. 70 s.182(6). (4) 1985 c. 51 s.7(1), Sch.3 para. 2(2) (part). 5(1) 1971 c. 78 ss.212(10), 280(10)(b); 1984 c. 10 s.6(5); 1988 c. 4 Sch.3 paras. 21, 23, 32, 48; R 2. (2),(3) 1971 c. 78 ss.273A, 280(10)(a); 1972 c. 70 Sch 16 para 10(5); 1988 c. 4 Sch.3 paras. 7, 23, 28. 6(1) 1980 c. 65 Sch.32 para. 5(7). (2) 1980 c. 65 Sch.32 para. 15(2)(b)(i). (3) 1980 c. 65 Sch.32 para. 20(1). (4) 1980 c. 65 Sch.32 para. 25(1)(c). (5) 1980 c. 65 Sch.32 para. 25(2). 7(1) to (4) 1980 c. 65 s. 149(1) to (4). (5) 1980 c. 65 s.149(11). 8(1) 1988 c. 50 s.67(1). (2) 1988 c. 50 s.67(3). 9 1971 c. 78 s.1(5) 10 1985 c. 51 s.4(1), Sch.3 para. 2(2)(part). 11 1985 c. 51 Sch.1 para. 1. 12(1) 1985 c. 51 Sch.1 para. 2(1). (2) to (4) 1985 c. 51 Sch.1 para. 2(2). (5) to (9) 1985 c. 51 Sch.1 para. 2(3) to (7). 13(1), (2) 1985 c. 51 Sch.1 para. 3(1). (3), (4) 1985 c. 51 Sch.1 para. 3(2). (5) to (7) 1985 c. 51 Sch.1 para. 3(3) to (5). 14 1985 c. 51 Sch.1 para. 4. 15 1985 c. 51 Sch.1 para. 5. 16(1) to (3) 1985 c. 51 Sch.1 para. 6(1). (4), (5) 1985 c. 51 Sch.1 para. 6(2), (3). 17(1) 1985 c. 51 para. 6A; 1986 c. 63 Sch. 10 Pt. II para. 2. (2) 1985 c. 51 para. 6A; 1986 c. 63 Sch. 10 Pt. II para. 2. 18(1), (2) 1985 c. 51 Sch.1 para. 7(1). (3), (4) 1985 c. 51 Sch.1 para. 7(2), (3). 19 1985 c. 51 Sch.1 para. 8. 20 1985 c. 51 Sch.1 para. 9. 21(1) 1985 c. 51 Sch.1 para. 10(1). (2) 1985 c. 51 Sch.1 para. 10(2); 1986 c. 63 Sch.10 Pt.II para. 3. (3) 1985 c. 51 Sch.1 para. 10(3). 22 1985 c. 51 Sch. 1 para. 10A; 1986 c. 63 Sch. 10 Pt. II para. 4. 23(1) 1985 c. 51 Sch.1 para. 12(1), and (7) (part). (2) 1985 c. 51 Sch.1 para. 12(3). (3), (4) 1985 c. 51 Sch.1 para. 12(2). (5), (6) 1985 c. 51 Sch.1 para. 12(4). (7), (8) 1985 c. 51 Sch.1 para. 12(5), (6). (9) 1985 c. 51 Sch.1 para. 12(7)(a); 1986 c. 63 Sch.11 para. 26. (10) 1985 c. 51 Sch.1 para. 12(7)(b),(7A); 1986 c. 63 Sch.11 para. 26. (11) 1985 c. 51 Sch.1 para. 12(8). 24 1985 c. 51 Sch.1 para. 11. 25 1985 c. 51 Sch. 1 para. 13. 26(1) 1985 c. 51 Sch.1 para. 14(1). (2) 1985 c. 51 Sch.1 para. 14(1); R 3. (3), (4) 1985 c. 51 Sch.1 para. 14(2), (3). 27 1985 c. 51 Sch.1 para. 15. 28(1),(2) 1985 c. 51 s.4(1), Sch. 3, para 2(2)(part). (3) 1985 c. 51 s.4(2), Sch.1 para. 18(1),20(2)(part) drafting. (4) 1985 c. 51 s.103(1)(part). 29 Drafting. 30(1) 1971 c. 78 s.6(1)(part), (2). (2) 1971 c. 78 s.6(3). (3) 1971 c. 78 s.6(5)(part). (4) 1971 c. 78 s.6(4). 31(1) Drafting. (2) 1971 c. 78 s.7(1A); 1980 c. 65 s.89, Sch.14 para. 2(a). (3) 1971 c. 78 s.7(6); 1980 c. 65 s.89, Sch.14 para. 2(c). (4) 1971 c. 78 s.7(4); 1982 c. 30. Sch 6 para 7. (5) 1971 c. 78 s.7(7)(part). 32(1), (2) 1971 c. 78 s.10(1); 1980 c. 65 Sch.14 para. 5. (3) to (7) 1971 c. 78 s.10(2) to (6); 1980 c. 65 Sch.14 para. 5. 33(1),(2) 1971 c. 78 ss.8(1),10(7); 1980 c. 65 Sch.14 para. 3(a). (3),(4) 1971 c. 78 s.8(2); 1980 c. 65 Sch.14 para. 3(b). (5) 1971 c. 78 s.8(3). (6), (7) 1971 c. 78 s.8(4). (8) to (10) 1971 c. 78 s.8(5) to (7). 34(1) 1971 c. 78 s.10B(1); 1972 c. 42 s.2; R 4. (2) 1971 c. 78 s.10B(1); 1972 c. 42 s.2; R 4. (3) 1971 c. 78 s.10B(2); 1972 c. 42 s.2; R 4. (4), (5) 1971 c. 78 s.10B(3); 1972 c. 42 s.2; R 4. 35(1) 1971 c. 78 ss.9(1),10(7). (2) 1971 c. 78 s.9(2). (3) 1971 c. 78 s.9(3); 1972 c. 42 s.3(1). (4) 1978 c. 78 s.10(8) (5) 1971 c. 78 s.9(4); 1972 c. 42 s.3(1). (6), (7) 1971 c. 78 s.9(5); 1972 c. 42 s.3(1). (8) to (10) 1971 c. 78 s.9(6) to (8); 1972 c. 42 s.3(1). 36(1) to (3) 1971 c. 78 s.11(1) to (3); 1986 c. 63 Sch.10. (4) to (5) 1971 c. 78 s.11(5); 1986 c. 63 Sch.10. (6), (7) 1971 c. 78 s.11(6),(7); 1986 c. 63 Sch.10. 37 1971 c. 78 s.11A; 1986 c. 63 Sch. 10 Pt. I. 38 1971 c. 78 s.11B; 1986 c. 63 Sch. 10 Pt. I. 39(1) 1971 c. 78 s.12(1); 1986 c. 63 Sch.10. (2), (3) 1971 c. 78 s.12(2); 1986 c. 63 Sch.10. (4) to (6) 1971 c. 78 s.12(3) to (5); 1986 c. 63 Sch.10. 40(1) to (3) 1971 c. 78 s.12A(1) to (3); 1986 c. 63 Sch.10 Pt. I. (4), (5) 1971 c. 78 s.12A(4); 1986 c. 63 Sch. 10 Pt. I. 41 1971 c. 78 s.12B; 1986 c. 63 Sch. 10 Pt. I. 42 1971 c. 78 s.13; 1986 c. 63 Sch. 10 Pt. I. 43 1971 c. 78 s.14; 1986 c. 63 Sch. 10 Pt. I. 44 1971 c. 78 s.14A; 1986 c. 63 Sch. 10 Pt. I. 45 1971 c. 78 s.14B; 1986 c. 63 Sch. 10 Pt. I. 46(1) 1971 c. 78 s.11(4); 1986 c. 63 Sch. 10 Pt. I. (2) to (6) 1971 c. 78 s.15; 1986 c. 63 Sch. 10 Pt. I. 47(1), (2) 1971 c. 78 s.15A(1); 1986 c. 63 Sch.10. (3) to (6) 1971 c. 78 s.15A(2) to (5); 1986 c. 63 Sch.10. 48 1971 c. 78 s.15B; 1986 c. 63 Sch. 10 Pt. I. 49 1971 c. 78 s.16; 1980 c. 66 Sch.24 para. 20(a). 50(1) 1972 c. 70 Sch.16 para. 9(1); 1980 c. 65 Sch.14 para. 17. (2) 1972 c. 70 Sch.16 paras. 8(3),9(2). (3) 1972 c. 70 Sch.16 paras. 8(2),9(2); 1971 c. 78 s.10(7); 1982 c. 30 Sch.6 para. 7(a). (4) 1972 c. 70 Sch.16 paras. 8(4), 9; R 5. (5) 1971 c. 78 s.10B(1); 1972 (c. 42) s.2. (6) 1972 c. 70 Sch.16 para. 10; 1986 c. 63 Sch.11 para. 23. (7) 1972 c. 70 Sch.16 para. 11; 1986 c. 63 Sch.11 para. 23. (8) 1972 c. 70 Sch.16 para. 12; 1986 c. 63 Sch.11 para. 23. (9) 1972 c. 70 Sch.16 para. 13; R 6. 51(1) 1971 c. 78 s.17(1); 1972 c. 70 Sch.16 paras.4, 52. (2), (3) 1971 c. 78 s.17(2), (3). (4) 1971 c. 78 s.17(4), (5). 52(1), (2) 1980 c. 65 Sch.32 para. 23(1), (2). (3) 1980 c. 65 Sch.32 para. 23(4). 53(1)(2) 1971 c. 78 s.18(1), 1986 c. 63 Sch.11 para. 15; 1972 c. 70 Sch.16 paras.5, 52. (3) to (5) 1971 c. 78 s.18(2) to (4). 54(1) 1971 c. 78 s.20(1); 1980 c. 66 Sch.24 para. 20. (2) to (5) 1971 c. 78 s.20(3) to (5). 55(1) 1971 c. 78 s.22(1). (2) 1971 c. 78 s.22(2); 1986 c. 63 Sch. 11 para. 1. (3) 1971 c. 78 s.22(3). (4) 1971 c. 78 s.22(3A); 1981 c. 36 s.1(1). (5) 1971 c. 78 s.22(4). (6) 1971 c. 78 s.22(5). 56(1) 1971 c. 78 s.290(5). (2), (3) 1971 c. 78 ss. 24C(4), 24D(6), 24E(4), 43(1), 44(1); 1980 c. 65 Sch.32 para. 26(1A); 1986 c. 63 ss.25(1), 54 (2). (4) 1971 c. 78 s.43(2). (5) 1971 c. 78 s.43(3) (part). (6) 1971 c. 78 s.43(3) (part). 57(1) 1971 c. 78 s.23(1). (2) 1971 c. 78 s.23(5). (3) 1971 c. 78 s.23(8) (part). (4) 1971 c. 78 s.23(9); 1982 c. 30 s.47(1), Sch. 6 para. 7. (5) 1971 c. 78 s.23(6), (8) (part). (6) 1971 c. 78 s.23(10). (7) 1971 c. 78 s.23(1). 58 1971 c. 78 ss.24(1), (2), 24A(2), 40; 1980 c. 65 Sch.32 para. 17. 59(1) 1971 c. 78 s.24(1). (2) 1971 c. 78 s.24(2). (3) 1971 c. 78 s.24(3) (part); 1986 c. 63 Sch. 11 para. 2. 60(1) 1971 c. 78 s.24(4). (2), (3) 1971 c. 78 s.24(5). (4) 1971 c. 78 s.24(6). 61(1) 1971 c. 78 s.24(3)(a); 1986 c. 63 Sch. 11 para. 2. (2) 1971 c. 78 s.24(7). (3) 1971 c. 78 s.24(8); 1980 c. 66 Sch. 24 para. 20(c). 62 1971 c. 78 s.25 63(1), (2) 1971 c. 78 s.32(1). (3) 1971 c. 78 s.32(2)(part). (4) 1971 c. 78 s.32(3). (5) 1971 c. 78 s.32(2). 64(1) 1971 c. 78 s.53(1) (part), (2)(part); 1980 c. 65 Sch. 32 para. 18(3); 1986 c. 63 Sch. 6 Pt ll para. 3. (2) 1971 c. 78 s.53(1) (part). (3) 1971 c. 78 s.53(2). 65(1) to (4) 1971 c. 78 s.26(1) to (4). (5), (6) 1971 c. 78 s.26(5). (7), (8) 1971 c. 78 s.26(6). (9) 1971 c. 78 s.26(7). 66(1) 1971 c. 78 s.27(1)(a), (b), (c), (d); 1980 c. 65 Sch. 15 para. 2. (2), (3) 1971 c. 78 s.27(2). (4), (5) 1971 c. 78 s.27(3). (6) 1971 c. 78 s.27(4). (7) 1971 c. 78 s.27(7); 1978 c. 30 s.17; 1980 c. 65 Sch. 15 para. 3. 67(1) Drafting. (2) 1971 c. 78 s.27(1A); 1981 c. 36 s.4(2). (3) 1971 c. 78 s.27(1), (part)(1A); 1981 c. 36 s.4(1). (4) 1971 c. 78 s.27(1B); 1981 c. 36 s.4(2). (5), (6) 1971 c. 78 s.27(2) (part). (7) 1971 c. 78 s.27(2A); 1981 c. 36 s.4(4). (8), (9) 1971 c. 78 s.27(2B); 1981 c. 36 s.4(4). (10) 1971 c. 78 s.27(2C); 1981 c. 36 s.4(4). (11) 1971 c. 78 s.27(2) to (4); drafting; R 7. 68(1) 1971 c. 78 ss.26(8)(part), 27(5)(part). (2) 1971 c. 78 s.26(8) (part), s.27(5) (part); 1982 c. 48 ss.38, 46. (3) 1971 c. 78 ss.26(9), 27(6) (part). (4) 1971 c. 78 s.27(6) (part). 69(1) 1971 c. 78 s.34(1) (part). (2) 1971 c. 78 s.34(1) (part); 1986 c. 63 Sch. 6, Pt II para. 1. (3) 1971 c. 78 s.34(2) (part). (4) 1971 c. 78 s.34(2) (part). (5) 1971 c. 78 s.34(3). 70(1) 1971 c. 78 s.29(1) (part); 1986 c. 63 Sch. 11 Pt I para. 16. (2) 1971 c. 78 s.29(1) (part). (3) 1971 c. 78 s.29(1) (part), drafting. 71(1) 1971 c. 78 s.29(2). (2) 1971 c. 78 s.29(3); R 7. (3) 1971 c. 78 s.29(5). (4) 1971 c. 78 s.29(6). 72(1) 1971 c. 78 s.30(1). (2) 1971 c. 78 s.30(2). (3) 1971 c. 78 s.30(3) (part). (4) 1971 c. 78 s.30(3)(part); 1981 c. 36 Sch.1 para. 1. (5) Drafting; 1971 c. 78 s.30(2)(part); 1981 c. 36 Sch.1 para. 1. 73(1) 1971 c. 78 s.31A(1); 1986 c. 63 Sch.11 para. 4. (2) 1971 c. 78 s.31A(3); 1986 c. 63 Sch.11 para. 4. (3) 1971 c. 78 s.31A(2); 1986 c. 63 Sch.11 para. 4. (4) 1971 c. 78 S.31A(4); 1986 c. 63 Sch.11 para. 4. 74(1) 1971 c. 78. s.31(1) (part); 1972 c. 70 Sch. 16 para. 22; 1980 c. 65 Sch. 15 para. 4(1). (2) 1971 c. 78 s.31(1) (part). 75(1) 1971 c. 78 s.33(1). (2), (3) 1971 c. 78 s.33(2). 76(1) 1971 c. 78 ss.29A(1) (part), 29B(1) (part); 1981 c. 43 s.3; 1988 c. 40 Sch.12 para. 70. (2) 1971 c. 78 ss.29A(1) (part), (2); 29B(1) (part); 1981 c. 43 s.3; 1986 c. 63 Sch.11 para. 3, Sch. 12 Pt. III. (3) 1971 c. 78 s.29B(1A); 1988 c. 40 Sch.12 para. 70. 77(1) to (3) 1971 c. 78 s.35(1) to (3). (4) 1971 c. 78 s.35(4)(part); 1981 c. 36 Sch.1 para. 2; 1986 c. 63 Sch.11 para. 17. (5), (6) 1971 c. 78 s.35(5). (7) 1971 c. 78 s.35(6). 78(1) 1971 c. 78 s.36(1); 1980 c. 65 Sch. 15 para. 4(2). (2) 1971 c. 78 s.37 (part); 1980 c. 65 Sch. 15 para. 4(3). (3) 1971 c. 78 s.36(2) (part). (4) 1971 c. 78 ss.36(2) (part), 37 (part). (5) 1971 c. 78 s.37 (part); R 8(a), (c), (d). 79(1) 1971 c. 78 ss.36(3), 37. (2), (3) 1971 c. 78 s.36(4). (4) 1971 c. 78 s.36(5); 1981 c. 36 Sch. 1 para. 3; 1986 c. 63 Sch.11 para. 17. (5) 1971 c. 78 s.36(6). (6) 1971 c. 78 s.36(7); 1986 c. 63 Sch. 11 para. 18. (7) 1971 c. 78 s.36(8). 80(1), (2) 1971 c. 78 s.38(1), (2). (3) 1971 c. 78 s.38(4). (4) 1971 c. 78 s.38(3). 81(1), (2) 1971 c. 78 s.39(1). (3), (4) 1971 c. 78 s.39(2), (3). 82 1971 c. 78 s.24A(1) to (3); 1986 c. 63 s.25(1). 83(1) 1971 c. 78 s.24A(4)(a); 1986 c. 63 s.25(1). (2) 1971 c. 78 s.24A(4)(b); 1971 c. 78 Sch.8A para. 2(1); 1986 c. 63 s.25(1). (3) 1971 c. 78 s.24A(5); 1986 c. 63 s.25(1). 84(1), (2) 1971 c. 78 s.24B(1); 1986 c. 63 s.25(1). (3), (4) 1971 c. 78 s.24B(2) (part); 1986 c. 63 s.25(1). 85 1971 c. 78 s.24C(1), (2); 1986 c. 63 s.25(1). 86(1) to (5) 1971 c. 78 s.24D(1) to (5); 1986 c. 63 s.25(1). (6) 1971 c. 78 s.24D(6) (part); 1986 c. 63 s.25(1). 87(1) 1971 c. 78 s.24E(1); 1986 c. 63 s.25(1); 1988 c. 4 Sch.3 para. 10. (2), (3) 1971 c. 78 s.24E(2), (3); 1986 c. 63 s.25(1). (4) 1971 c. 78 s.24E(4) (part); 1986 c. 63 s.25(1). 88(1) 1980 c. 65 Sch.32 paras. 5(4)(a), 17(1). (2) 1980 c. 65 Sch.32 paras. 11(3), 17(2). (3) to (6) 1980 c. 65 Sch.32 para. 17(3) to (6). (7) 1980 c. 65 Sch.32 para. 25(1)(a), (b). (8) 1980 c. 65 Sch.32 para. 25(2). (9), (10) 1980 c. 65 Sch.32 para. 17(7), (8). 89(1) 1980 c. 65 Sch.32 para. 21; 1986 c. 63 s.54(1). (2) 1980 c. 65 Sch.32 para. 22(1); 1986 c. 63 s.54(1). 90(1) 1971 c. 78 s.40(1) (2) 1989 c. 29 Sch. 8 para. 7(1). (3) 1971 c. 78 s.40(2); 1989 c. 29 Sch. 8 para. 7(3). (4) 1971 c. 78 s.40(3) (5) 1989 c. 29 Sch. 8 para. 7(4). 91(1), (2) 1971 c. 78 s.41(1). (3) 1971 c. 78 s.41(2). (4) 1971 c. 78 s.41(3); 1980 c. 65 Sch.32 para. 18(2); 1981 c. 36 s.6; 1986 c. 63 Sch.6 Pt II para. 2. 92 1971 c. 78 s.42 93 1971 c. 78 s.43(4) to (7); 1989 c. 29 Sch. 8 para 7(3). 94(1) 1971 c. 78 ss.44(1), 24C(3); 1980 c. 65 Sch. 32 para. 22(2); 1986 c. 63 ss.25, 54(1). (2), (3) 1971 c. 78 s.44(2). (4) 1971 c. 78 s.44(3)(a). (5), (6) 1971 c. 78 s.44(6). 95(1), (2) 1971 c. 78 s.44(3)(b). (3) 1971 c. 78 s.44(4). (4), (5) 1971 c. 78 s.44(5). 96(1), (2) 1971 c. 78 s.276(5); 1981 c. 41 Sch. para. 24. (3) 1971 c. 78 s.276(5) (part); 1981 c. 41 Sch. para. 24. 97(1), (2) 1971 c. 78 s.45(1). (3) 1971 c. 78 s.45(4) (part). (4) 1971 c. 78 s.45(4) (proviso). (5) 1971 c. 78 s.45(5); 1981 c. 36 s.8. 98(1) 1971 c. 78 s.45(2) (part). (2) to (5) 1971 c. 78 s.45(3). (6) 1971 c. 78 s.45(2) (part). 99(1) 1971 c. 78 s.46(1); 1974 c. 7 Sch.6 para. 25(3), Sch.8. (2) 1971 c. 78 s.46(1)(part), (2)(part). (3) 1971 c. 78 s.46(3); 1974 c. 7 Sch.8. (4) 1971 c. 78 s.46(2)(a)(part). (5) 1971 c. 78 s.46(2)(b)(part). (6) to (8) 1971 c. 78 s.46(4) to (6). 100(1) to (3) 1971 c. 78 s.276(1); 1974 c. 7 Sch. 6 para. 25(12), Sch. 8. (4) to (6) 1971 c. 78 s.276(4). (7) 1971 c. 78 s.276(2), (3). (8) 1971 c. 78 s.45(5); R 9. 101(1) 1971 c. 78 ss.47(1), 48(1) (part). (2) 1971 c. 78 s.48(1). (3) 1971 c. 78 s.48(2). (4) 1971 c. 78 s.48(8); drafting. (5) 1971 c. 78 s.47(6) (part). 102(1) 1971 c. 78 s.51(1). (2), (3) 1971 c. 78 s.51(2). (4) 1971 c. 78 s.51(3) (part). (5) 1971 c. 78 s.51(3) (part) and s.32(3). (6) 1971 c. 78 s.51(8). (7) 1971 c. 78 s.51(9). (8) 1971 c. 78 s.51(1A); 1981 c. 36 s.9; drafting. 103(1) 1971 c. 78 s.51(4). (2) 1971 c. 78 s.51(5). (3) to (6) 1971 c. 78 s.51(6). (7) 1971 c. 78 s.51(7). (8) 1971 c. 78 s.51(9). 104(1) 1971 c. 78 s.276(1) (part), (2) (part). (2), (3) 1971 c. 78 s.276(1) (part). (4) to (7) 1971 c. 78 s.276(4) (part). (8) 1971 c. 78 s.276(2),(3). 105(1) 1971 c. 78 s.264A(1); 1981 c. 36 s.3. (2) 1971 c. 78 s.264A(2); 1981 c. 36 s.3. 106(1) 1971 c. 78 s.52(1) (part). (2) 1971 c. 78 s.52(1) (part). (3), (4) 1971 c. 78 s.52(2), (3). 107(1) 1971 c. 78 s.164(1); 1974 c. 7, Sch. 6 para. 25(11), Sch. 8; 1981 c. 36 ss.12, 34, Sch. 1 para. 4. (2) to (5) 1971 c. 78 s.164(2) to (5). 108(1) 1971 c. 78 s.165(1),(2) (part). (2) 1971 c. 78 s.165(1A). (3) 1971 c. 78 s.165(3); 1985 c. 19 s.1(1). 109(1) 1971 c. 78 s.166(1). (2) 1971 c. 78 ss.165(2) (part), 166(2). (3), (4) 1971 c. 78 ss.156(2),(3), 166(3). (5) 1971 c. 78 s.166(4). (6) 1971 c. 78 ss.165(2), 166(6). 110(1) 1971 c. 78 s.166(5). (2) 1971 c. 78 ss.158(4) (part), 166(5); 1972 c. 70 s. 179(3). (3) 1971 c. 78 ss.158(4) (part), 165(2) (part), 166(5). (4) 1971 c. 78 ss.158(5), 166(5). (5) 1971 c. 78 ss.158(6), 166(5). 111(1) 1971 c. 78 ss.159(1), 168(1). (2) 1971 c. 78 ss.159(2), 168(1). (3) 1971 c. 78 ss.159(3), 168(1). (4) 1971 c. 78 ss.165(2), 168(1),(proviso). (5) 1971 c. 78 s.168(4). 112(1) 1971 c. 78 ss.160(1), 168(1). (2), (3) 1971 c. 78 ss.160(2), 168(1). (4) 1971 c. 78 ss.160(3), 168(1). (5) 1971 c. 78 ss.160(4), 168(1). (6) 1971 c. 78 ss.160(5)(a), 168(1). (7) 1971 c. 78 ss.160(5)(a) (part), 168(1). (8) 1971 c. 78 ss.160(5)(b), 168(1). (9), (10) 1971 c. 78 ss.160(6), 168(1). (11) 1971 c. 78 s.168(2). (12) 1971 c. 78 s.168(3). (13) 1971 c. 78 s.168(3),(proviso). 113 1971 c. 78 ss. 165(2), 167. 114(1) to (3) 1971 c. 78 s.169(1) to (3). (4), (5) 1971 c. 78 s.169(4) (part). (6) 1971 c. 78 s.169(6),(6A); 1985 c. 19 s.1(2). (7), (8) 1971 c. 78 s.169(7),(8). 115(1) 1971 c. 78 s.170(1); 1981 c. 36 s.34, Sch. 1 para. 5. (2) 1971 c. 78 s.170(2); 1981 c. 36 s.14. (3), (4) 1971 c. 78 s.170(3),(4). (5) 1971 c. 78 ss.170(1)(part), 170A (part); 1981 c. 36 s.15, Sch. 1 para. 5; R 10. (6) 1971 c. 78 ss.170(1), 170A (part); 1981 c. 36 s.15; R 10. 116 Drafting. 117(1) 1971 c. 78 s.178(1). (2) 1971 c. 78 s.178(2); 1981 c. 36 Sch. 1 para. 6. (3) 1971 c. 78 s.178(3). 118(1) 1971 c. 78 s.179(1) (part). (2) 1971 c. 78 s.179(2) (part). 119(1) 1971 c. 78 s.134(1), (2). (2) Drafting. (3) 1971 c. 78 s.134(3). (4) 1971 c. 78 s.134(4); 1972 c. 70 Sch. 16 para. 33. 120 1971 c. 78 s.146. 121(1) 1971 c. 78 s.147(1). (2), (3) 1971 c. 78 s.147(2). (4) 1971 c. 78 s.147(3). (5) 1971 c. 78 s.147(4) (part). (6) 1971 c. 78 s.147(4),(proviso); 1973 c. 37 Sch. 8 para. 94. (7) 1971 c. 78 s.147(5). (8) 1971 c. 78 s.147(6). 122(1) 1971 c. 78 s.148(1). (2) 1971 c. 78 s.148(1),(proviso). (3) 1971 c. 78 s.148(2). (4) 1971 c. 78 s.148(3). 123(1),(2) 1971 c. 78 s.149(1),(2); 1987 c. 3 s.1. (3), (4) 1971 c. 78 s.149(3); 1987 c. 3 s.1. (5) 1971 c. 78 s.149(4): 1987 c. 3 s.1. 124 1971 c. 78 s.150. 125 1971 c. 78 s.152. 126 1971 c. 78 s.153. 127(1),(2) 1971 c. 78 s.154(1),(2)(part). (3) 1971 c. 78 s.154(2),(proviso). (4) 1971 c. 78 s.154(3). (5), (6) 1971 c. 78 s.154(4). (7), (8) 1971 c. 78 s.154(5). 128 1971 c. 78 s.155. 129 1971 c. 78 s.156. 130 1971 c. 78 s.157. 131 1971 c. 78 s.158(1) to (3). 132(1),(2) 1971 c. 78 s.158(4); 1972 c. 70 s. 179(3), Sch. 30. (3) 1971 c. 78 s.158(5); 1975 c. 76 Sch. 1. (4) 1971 c. 78 s.158(6). 133 1971 c. 78 s.159. 134(1) 1971 c. 78 s.160(1). (2),(3) 1971 c. 78 s.160(2). (4),(5) 1971 c. 78 s.160(3),(4). (6) to (8) 1971 c. 78 s.160(5). (9),(10) 1971 c. 78 s.160(6). 135 1971 c. 78 s.162; R 11. 136(1) 1971 c. 78 s.163(1) (part). (2) 1971 c. 78 s.163(1),(proviso). (3) 1971 c. 78 s.163(2). 137(1)(a) 1971 c. 78 s.180(1), (part). (b) 1971 c. 78 s.188(1), (part). (c) 1971 c. 78 s.189(1), (part). (2)(a) 1971 c. 78 ss.180(1)(part),(7), 188(1)(part),(2)(part); 1972 c. 70 s. 179(3), Sch.30. (b) 1971 c. 78 s.189(1)(part),(2)(part); 1972 c. 70 s. 179(3), Sch.30. (3) 1971 c. 78 ss.180(1)(part), 188(1)(part). (4) 1971 c. 78 s.189(1)(part). (5) 1971 c. 78 s.180(4); 1986 c. 63 Sch.12 Pt.III. (6) 1971 c. 78 s.180(5); R 12. (7) 1971 c. 78 s.180(6); R 12, R 41. (8) 1971 c. 78 s.189(5). 138(1) 1971 c. 78 ss.180(2) (part), 188(2) (part), 189(2) (part). (2) 1971 c. 78 ss.180(2) (part), 188(3) (part), 189(3) (part), 198(3) (part). 139(1) 1971 c. 78 ss.181(1) (part), 188(2) (part), 189(2) (part); 1986 c. 63 Sch.11 para. 5(1)(a). (2) 1971 c. 78 s.181(1) (part), s.188(2) (part); s.189(2) (part). (3) 1971 c. 78 s.181(2), s.188(2) (part) s.189(2) (part). (4) 1971 c. 78 s.181(3), s.188(2) (part); s.189(2) (part), 1986 c. 63 Sch. 11 para. 5(1)(b). (5) 1971 c. 78 s.208. 140(1) 1971 c. 78 ss.182(1), 188(2) (part), 189(2) (part). (2) 1971 c. 78 s.182(2), s.188(2) (part), s.189(2) (part); 1972 c. 70 Sch. 16 paras. 37, 52. (3),(4) 1971 c. 78 s.182(3), s.188(2) (part), s.189(2) (part). (5) 1971 c. 78 s.182(4), s.188(2) (part), s. 189(2) (part). 141(1) 1971 c. 78 ss.183(1), 188(2) (part), 189(2) (part), (3) (part); R 13(a). (2) 1971 c. 78 ss.183(2), 188(2) (part), (3) (part), 189(2) (part), (3) (part). (3) to (5) 1971 c. 78 s.183(3) to (5), s.188(2) (part), s.189(2) (part). 142(1) 1971 c. 78 ss.184(1), 188(2) (part), 189(2) (part); 1986 c. 63 Sch. 11 para. 6(a); R 13(b). (2) 1971 c. 78 s.184(2). (3) 1971 c. 78 s.184(3); 1986 c. 63 Sch. 11 para. 6(b). 143(1) 1971 c. 78 ss.186(1), 188(2) (part), 189(2) (part). (2),(3) 1971 c. 78 ss.186(2),(3), 188(2) (part), 189(2) (part). (4) 1971 c. 78 ss.186(3A), 188(2) (part), 189(2) (part); 1986 c. 63 Sch.11 para. 7(1). (5),(6) 1971 c. 78 ss.186(4), 188(2) (part), 189(2) (part). (7) 1971 c. 78 ss.186(5), 188(2) (part), 189(2) (part). (8) 1971 c. 78 s.208. 144(1) 1971 c. 78 ss.187(1), 188(2) (part), 189(2) (part). (2) 1971 c. 78 s.187(2), s.188(2) (part), s.189(2) (part). (3),(4) 1971 c. 78 ss.187(3), 188(2) (part), 189(2) (part). (5),(6) 1971 c. 78 ss.187(4),(5), 188(2) (part), 189(2) (part). (7) 1971 c. 78 s.189(4). 145(1),(2) 1973 c. 26 s.53(1), (5). (3),(4) 1973 c. 26 s.53(3),(4); 1981 c. 66 Sch. 3 para. 1. (5) 1973 c. 26 s.53(2) (6) 1973 c. 26 s.53(1),(2). (7) 1973 c. 26 s.53(6). 146(1),(2) 1973 c. 26 s.54(1). (3) 1973 c. 26 s.54(2). (4),(5) 1973 c. 26 s.54(3). (6),(7) 1973 c. 26 s.54(4),(5). (8),(9) 1973 c. 26 s.54(6). (10),(11) 1973 c. 26 s.54(7),(8). 147(1) 1973 c. 26 s.84(2). (2) 1973 c. 26 s.87(1). 148(1) 1971 c. 78 ss.181(4), 186(6), 191A; 1984 c. 12 Sch. 4 para. 53(5). (2) R 13(c). 149(1) 1971 c. 78 s.192(1) (part), drafting. (2) 1971 c. 78 s.192(3),(4)(part),(5)(part). (3) 1971 c. 78 s.192(4) (part); 190 SI/465. (4) 1971 c. 78 s.192(4) (part), (5) (part). (5) 1971 c. 78 s.192(6); 1973 c. 26 s.82(2). 150(1) 1971 c. 78 s.193(1); 1973 c. 26 s.77. (2),(3) 1971 c. 78 s.193(2). (4) 1971 c. 78 s.193(4) 151(1),(2) 1971 c. 78 s.194(1) (3) 1971 c. 78 s.194(5) (part). (4) 1971 c. 78 s.194(2); 1980 c. 65 Sch.15 paras. 18,19; 1985 c. 51 Sch.1 para. 16(2). (5) 1971 c. 78 s.194(4); 1973 c. 26 s.75(3)(a). (6) 1971 c. 78 s.194(3). (7) 1973 c. 26 s.76(2). (8) 1971 c. 78 s.194(6); 1973 c. 26 s.75(3)(b). 152(1) 1973 c. 26 ss.68(6)(part), 69(3); 1985 c. 51 Sch. 1 para. 17(4). (2) 1973 c. 26 s.68(6)(part). 153(1),(2) 1971 c. 78 s.195(1). (3) to (7) 1971 c. 78 s.195(2) to (6). (8) 1973 c. 26 s.68(6) (part). 154(1),(2) 1971 c. 78 s.196(1). (3) 1971 c. 78 s.196(2). (4),(5) 1971 c. 78 s.196(3). (6) 1971 c. 78 s.196(4). 155 1971 c. 78 s.199. 156(1),(2) 1971 c. 78 s.198(1). (3),(4) 1971 c. 78 s.198(2),(3). 157(1),(2) 1971 c. 78 s.197; 1981 c. 67 Sch.4 para. 1; 1985 c. 71 Sch.2 para. 22. (3),(4) 1973 c. 26 s.81(6),(7)(part). 158(1),(2) 1973 c. 26 s.79(1). (3) 1973 c. 26 s.79(2). 159(1) 1973 c. 26 s.80(1). (2),(3) 1973 c. 26 s.80(2). (4) to (8) 1973 c. 26 s.80(3) to (7). 160(1) to (5) 1973 c. 26 s.81(1) to (5). (6) 1973 c. 26 s.81(7). 161(1) 1971 c. 78 s.200; 1973 c. 26 s.81(8); R 14. (2) 1973 c. 26 s.78(1). (3) to (4) 1973 c. 26 s.78(2). (5) 1973 c. 26 s.78(3). 162(1) 1971 c. 78 s.201(1); 1973 c. 26 s.77(1),(2). (2),(3) 1971 c. 78 s.201(2). (4) 1971 c. 78 s.201(3). (5) 1971 c. 78 s.201(6). 163(1) 1971 c. 78 s.201(4); 1973 c. 26 s.78(4). (2) 1971 c. 78 s.201(5); 1973 c. 26 s.78(4). 164 1971 c. 78 s.204. 165(1),(2) 1973 c. 26 s.72(4); 1980 c. 65 s.147(4). (3) 1973 c. 26 s.72(5); 1980 c. 65 s.147(5); 1981 c. 64 Sch.12 para. 11. 166(1) 1971 c. 78 s.202(1),(2) (part). (2) 1971 c. 78 s.202(2) (part). 167 1971 c. 78 s.208. 168 1971 c. 78 s.203. 169(1) to (3) 1971 c. 78 s.205; 1984 c. 12 Sch.4 para. 53(6). (4) 1973 c. 26 s.72(3) (part); 1980 c. 65 s.147(3) (part). (5) 1973 c. 26 s.76(3) (part). 170(1) 1971 c. 78 s.206(1). (2) 1971 c. 78 s.206(2); 1985 c. 51 Sch.1 para 17(6) (part). (3) 1973 c. 26 s.68(10) (part); 1985 c. 51 Sch.1 para. 17(6) (part). (4) 1973 c. 26 s.71(3). (5) 1973 c. 26 s.72(3) (part); 1980 c. 65 s.147(3) (part). (6) 1973 c. 26 s.73(3); 1985 c. 71 Sch.2 para. 24(8). (7) 1973 c. 26 s.76(3) (part); 1980 c. 66 Sch.24 para. 23. (8) 1973 c. 26 s.70(3). (9) 1971 c. 78 s.206(3). (10) 1971 c. 78 s.206(4); 1980 c. 66 Sch.24 para. 20. (11),(12) 1971 c. 78 s.206(5),(6). 171 1971 c. 78 s.207; 1973 c. 26 ss.82(5), 87(1); 1990 SI/465. 172(1) to (4) 1971 c. 78 s.87(1) to (4); 1981 c. 41 Sch. para. 1. (5) 1971 c. 78 s.87(13). (6) 1971 c. 78 s.87(5). (7) 1971 c. 78 s.87(14). (8) 1971 c. 78 s.87(15). 173(1) 1971 c. 78 s.87(6). (2) 1971 c. 78 s.87(7). (3) 1971 c. 78 s.87(9). (4) 1971 c. 78 s.87(10). (5) 1971 c. 78 s.87(8). (6) 1971 c. 78 s.87(11). (7) 1971 c. 78 s.87(12). (8) 1971 c. 78 s.87(16). 174(1) 1971 c. 78 s.88(1); 1981 c. 41 Sch. para. 1; 1984 c. 10 s.4(2). (2) to (4) 1971 c. 78 s.88(2) to (4), (5)(a). (5) 1971 c. 78 s.88(9). (6) 1984 c. 10 s.4(2). 175(1) 1971 c. 78 s.88(5)(b) to (e). (2) 1971 c. 78 s.88(5)(d). (3) 1971 c. 78 s.88(7). (4) 1971 c. 78 s.88(10). (5) 1971 c. 78 s.110(2). (6) 1971 c. 78 s.88(11). 176(1),(2) 1971 c. 78 s.88A(1),(2); 1981 c. 41 Sch.para. 1. (3) 1971 c. 78 s.88(6); 1981 c. 41 Sch.para. 1. (4) 1971 c. 78 s.88(8); 1981 c. 41 Sch.para. 1. (5) 1971 c. 78 s.88A(3); 1981 c. 41 Sch.para. 1. 177(1) 1971 c. 78 s.88B(1); 1981 c. 41 Sch para 1. (2) 1971 c. 78 s.88B(2). (3) 1971 c. 78 s.88B(2); R 15. (4) 1971 c. 78 s.88B(2). (5) to (8) 1971 c. 78 s.88B(3). 178(1),(2) 1971 c. 78 s.91(1),(2); 1981 c. 41 Sch.para. 4. (3) 1971 c. 78 s.91(3),(4); 1974 c. 7 Sch.8. (4) 1971 c. 78 s.91(3). (5) 1971 c. 78 s.91(5). (6) 1971 c. 78 s.111. (7) 1971 c. 78 ss.89(6),90(10),91(1); drafting. 179(1) 1971 c. 78 s.89(1); 1981 c. 41 Sch.para. 2(1). (2) 1971 c. 78 s.89(1); 1980 c. 43 s.32(2); 1982 c. 48 ss.46,74. (3) 1971 c. 78 s.89(2). (4) 1971 c. 78 s.89(3). (5) 1971 c. 78 s.89(4); 1986 c. 63 Sch.11 para. 13. (6) 1971 c. 78 s.89(5). (7), (8) 1971 c. 78 s.89(5); 1980 c. 43 s.32(2); 1982 c. 48 ss.46,74; 1986 c. 63 Sch.11 para. 13. 180(1) 1971 c. 78 s.92(1); 1981 c. 41 Sch.para. 5 (2),(3) 1971 c. 78 s.92(2),(3). 181(1) 1971 c. 78 s.93(1); 1981 c. 41 Sch.para. 7(1). (2) to (4) 1971 c. 78 s.93(2) to (4). (5) 1971 c. 78 s.93(5); 1981 c. 41 Sch.para. 7(2); 1982 c. 48 s.46. 182(1) to (3) 1971 c. 78 s.276(5A); 1981 c. 41 Sch.para. 24. (4) 1971 c. 78 s.276(5B)(part); 1981 c. 41 Sch.para. 24; R 16. 183(1),(2) 1971 c. 78 s.90(1); 1981 c. 41 Sch.para. 3; 1977 c. 29 s.1. (3) to (5) 1971 c. 78 s.90(2); 1977 c. 29 s.1. (6) 1971 c. 78 s.90(5)(part); 1977 c. 29 s.1. (7) 1971 c. 78 s.90(6)(part); 1977 c. 29 s.1. 184(1) 1971 c. 78 s.90(1)(part); 1977 c. 29 s.1. (2),(3) 1971 c. 78 s.90(3); 1977 c. 29 s.1. (4),(5) 1971 c. 78 s.90(4); 1977 c. 29 s.1. (6) 1971 c. 78 s.90(5)(part); 1977 c. 29 s.1. (7) 1971 c. 78 s.90(6)(part); 1977 c. 29 s.1. (8) 1971 c. 78 s.90(9); 1977 c. 29 s.1. 185 1971 c. 78 s.276(5); 1981 c. 41 Sch.para. 24. 186(1) to (5) 1971 c. 78 s.177; 1977 c. 29 s.2. (6),(7) 1971 c. 78 s.179. 187(1) 1971 c. 78 s.90(7). (2) 1971 c. 78 s.90(7); 1986 c. 63 Sch.11 para. 13 (3) 1971 c. 78 s.90(8). 188(1) 1971 c. 78 s.92A(1); 1981 c. 41 Sch.para. 6; 1985 c. 51 s.3(4). (2) 1971 c. 78 s.92A(3); 1981 c. 41 Sch.para. 6; 1985 c. 51 Sch.17. (3) 1971 c. 78 s.92A(4); 1981 c. 41 Sch.para. 6. 189(1) to (3) 1971 c. 78 s.108(1) to (3); 1981 c. 36 s.11. (4),(5) 1971 c. 78 s.108(6),(7); 1981 c. 36 s.11. 190(1) 1971 c. 78 s.108(4)(part); 1981 c. 36 s.11. (2) 1971 c. 78 s.108(4)(part),(5)(part); 1981 c. 36 s.11. (3) 1971 c. 78 s.108(4) (part); 1981 c. 36 s.11. (4) 1971 c. 78 s.111; R 17. (5) 1971 c. 78 s.108(4)(part); 1981 c. 36 s.11. 191 1971 c. 78 s.94(1) 192(1) to (3) 1971 c. 78 s.94(2). (4) 1971 c. 78 s.94(7); 1981 c. 41 Sch.para. 8. (5) 1971 c. 78 s.95(1)(part). (6) 1971 c. 78 Sch.14 para. 6(part). 193(1) 1971 c. 78 s.94(6); 1971 c. 78 Sch.14 para. 1. (2),(3) 1971 c. 78 Sch.14 para. 3(1). (4) 1971 c. 78 Sch.14 para. 3(2); R 18. (5) 1971 c. 78 Sch.14 para. 3(2)(part); 1982 c. 48 ss.46,74. (6) 1971 c. 78 s.94(8). (7) 1971 c. 78 s.94(8)(part); 1980 c. 43 s.32;1982 c. 48 ss.46,74. 194(1) 1971 c. 78 ss.94(4), 95(1) (part). (2) 1971 c. 78 s.94(3). (3) 1971 c. 78 Sch.14 para. 4(a),(b). (4) 1971 c. 78 Sch.14 para. 4(c). (5),(6) 1971 c. 78 Sch.14 para. 2. 195(1) 1971 c. 78 ss.94(5),95(2). (2) 1971 c. 78 s.95(2). (3) 1971 c. 78 s.95(2)(b). (4) 1971 c. 78 s.94(8); Sch.14 para 3(1). (5) R 8(a). (6) 1971 c. 78 s.95(7). 196(1) 1971 c. 78 s.95(4). (2) 1971 c. 78 Sch.14 para. 5. (3) 1971 c. 78 s.95(5). (4) 1971 c. 78 Sch.14 para. 6(part). (5) 1971 c. 78 s.95(3). (6),(7) 1971 c. 78 s.95(6). 197 1971 c. 78 s.59. 198(1) 1971 c. 78 s.60(1); 1980 c. 65 Sch.15 para. 13(1)(a), (2). (2) 1971 c. 78 s.60(1) (3) 1971 c. 78 s.60(1); 1974 c. 32 s.10(1). (4) 1971 c. 78 ss.60(2), 191(1). (5) 1971 c. 78 s.60(3). (6) 1971 c. 78 s.60(6); 1974 c. 32 s.10(2)(a). (7) 1971 c. 78 s.60(10); 1986 c. 63 Sch.12 Pt II. 199(1) 1971 c. 78 s.60(4); 1980 c. 65 Sch.15 para. 13(1)(c). (2) 1971 c. 78 s.60(5). (3) 1971 c. 78 s.60(5); 1980 c. 65 Sch.15 para. 13(1)(d), (2), Sch.34 Pt X. 200(1) 1971 c. 78 s.60(7). (2) 1971 c. 78 s.60(7); 1978 c. 30 s.17(2)(a). (3) 1971 c. 78 s.60(8); 1978 c. 30 s.17(2)(a). (4) 1971 c. 78 s.60(7),(9); 1978 c. 30 s.17(2)(a). 201(1) 1971 c. 78 s.61(1). (2) 1971 c. 78 s.61(2); 1980 c. 65 Sch.15 para. 14, Sch.34 Pt X. 202(1),(2) 1971 c. 78 s.276(1),(2)(c); 1974 c. 7 s.35, Sch.6 para. 25(12). (3) 1971 c. 78 s.276(3). 203 1971 c. 78 s.174. 204(1)(a) 1971 c. 78 s.175(1). (b) 1971 c. 78 s.175(2); 1978 c. 30 s.17(2)(a). (2) to (4) 1971 c. 78 s.175(2) to (4). 205 1971 c. 78 s.179. 206(1),(2) 1971 c. 78 s.62(1); 1974 c. 32 s.10(2)(b); 1985 c. 52 s.1(2). (3) 1971 c. 78 s.62(1A);1985 c. 51 s.1(3). (4) 1971 c. 78 s.62(2). (5) 1971 c. 78 s.62(3)(part). 207(1),(2) 1971 c. 78 s.103(1). (3),(4) 1971 c. 78 s.103(2). (5) 1971 c. 78 s.62(3)(part). 208(1),(2) 1971 c. 78 s.103(3); 1981 c. 41 Sch. para. 12. (3) 1971 c. 78 s.103(3A); 1981 c. 41 Sch. para. 12. (4) 1971 c. 78 s.103(3B); 1981 c. 41 Sch. para. 12. (5) 1971 c. 78 s.103(3C); 1981 c. 41 Sch. para. 12. (6) 1971 c. 78 s.103(3D); 1981 c. 41 Sch. para. 12. (7) 1971 c. 78 s.103(3E); 1981 c. 41 Sch. para. 12. (8) 1971 c. 78 s.103(3F); 1981 c. 41 Sch. para. 12. (9) 1971 c. 78 s.103(4). (10) 1971 c. 78 s.110(2). 209(1) 1971 c. 78 ss.103(5), 91(1); 1981 c. 41 Sch. para. 4(a); 1972 c. 70 Sch.16 paras. 29, 52. (2) 1971 c. 78 ss.103(5), 91(2); 1981 c. 41 Sch. para. 4(b) (i), (ii). (3), (4) 1971 c. 78 ss.91(3),(4), 103(5); 1974 c. 7 Sch.8. (5) 1971 c. 78 ss.91(5), 103(5). (6) 1971 c. 78 s.111. 210(1) 1971 c. 78 s.102(1); 1974 c. 32 s.10(3). (2) 1971 c. 78 s.102(1); 1974 c. 32 s.10(3); 1980 c. 43 ss.32(9), 143(1). (3) 1971 c. 78 s.102(1)(b); 1974 c. 32 s.10(3). (4) 1971 c. 78 s.102(2); 1974 c. 32 s.10(4); 1982 (c. 48) s.46(1). (5) 1971 c. 78 s.102(3), 1974 c. 32 s.10(5). 211(1) to (3) 1971 c. 78 s.61A(1) to (3); 1974 c. 32 s.8. (4) 1971 c. 78 s.102(4); 1974 c. 32 s.10(6). 212(1) 1971 c. 78 s.61A(4); 1974 c. 32 s.8. (2), (3) 1971 c. 78 s.61A(5); 1974 c. 32 s.8. (4) 1971 c. 78 s.61A(6); 1974 c. 32 s.8. 213(1),(2) 1971 c. 78 s.61A(8); 1974 c. 32 s.8. (3) 1971 c. 78 s.61A(9); 1974 c. 32 s.8. 214 1971 c. 78 s.61A(7); 1974 c. 32 s. 8. 215(1),(2) 1971 c. 78 s.65(1),(2); 1986 c. 63 s.46. (3),(4) 1971 c. 78 s.65(3); 1986 c. 63 s.46. 216(1) 1971 c. 78 s.104(1); 1981 c. 41 Sch. para. 13. (2) 1971 c. 78 s.104(2); 1981 c. 41 Sch. para. 13; 1982 c. 48 ss.38, 46 (3) 1971 c. 78 s.104(3); 1981 c. 41 Sch. para. 13. (4) 1971 c. 78 s.104(4)(5); 1981 c. 41 Sch. para. 13. (5) 1971 c. 78 s.104(6); 1981 c. 41 Sch. para 13. (6) 1971 c. 78 s.104(7); 1981 c. 41 Sch. para. 13; 1986 c. 63 s.49(1), Sch.11 para. 13. (7) 1971 c. 78 s.104(8); 1981 c. 41 Sch. para. 13. 217(1) 1971 c. 78 s.105(1); 1986 c. 63 s.49, Sch.11 para. 20. (2) to (5) 1971 c. 78 s.105(2) to (5). (6) 1971 c. 78 s.110(2). 218 1971 c. 78 s.106; 1981 c. 41 Sch. para. 14. 219(1) 1971 c. 78 s.107(1); 1981 c. 41 Sch. para. 15. (2) 1971 c. 78 s.107(2); 1981 c. 41 Sch. para. 15. (3) to (5) 1971 c. 78 s.107(3). (6) 1971 c. 78 s.111. 220(1),(2) 1971 c. 78 s.63(1),(2). (3) 1971 c. 78 ss.63(2)(c), 191(1). (4) 1971 c. 78 s.63(7). (5) 1971 c. 78 s.63(7); R 19. 221(1) 1971 c. 78 s.63(3); 1974 c. 32 s.3(1); 1986 c. 63 s.45. (2) 1971 c. 78 s.63(3A); 1986 c. 63 s.45. (3),(4) 1971 c. 78 s.63(3B); 1986 c. 63 s.45. (5) 1971 c. 78 s.63(4). (6) 1971 c. 78 s.63(5). (7) to (9) 1971 c. 78 s.63(6). 222 1971 c. 78 s.64. 223(1) 1971 c. 78 s.176. (2) 1971 c. 78 s.179(1); 1981 c. 36 s.17. (3) 1971 c. 78 s.179(2). 224(1),(2) 1971 c. 78 s.109(1). (3) 1971 c. 78 s.109(2); 1981 c. 41 Sch. para 16; 1982 c. 48 s.46; 1986 c. 63 s.49(1), Sch.11 para. 13. (4),(5) 1971 c. 78 s.109(3). 225(1) 1971 c. 78 s.109A(1),(6); 1982 c. 30 s.36(a). (2) 1971 c. 78 s.109A(2); 1982 c. 30 s.36(a). (3) 1971 c. 78 s.109A(3),(6); 1982 c. 30 s.36(a). (4),(5) 1971 c. 78 s.109A(4),(5). 226(1) to (4) 1971 c. 78 s.112(1)(1A) to (1C); 1980 c. 65 s.91(1). (5) 1971 c. 78 s.112(2). (6) 1971 c. 78 s.112(3); 1972 c. 70 s. 179(3), Sch. 30. (7) 1971 c. 78 s.112(4); 1981 c. 67 Sch. 6 Pt. I; 1981 c. 67 Sch. 4 para. 1. (8) 1971 c. 78 s.112(5); 1972 c. 70 s. 179(3), Sch. 30. 227(1) 1971 c. 78 s.119(1)(a); 1972 c. 70 s. 179(3), Sch. 30. (2) 1971 c. 78 s.119(3). 228(1) 1971 c. 78 s.113(1); 1980 c. 65 s.122(2). (2) 1980 c. 65 s.122(1). (3) 1971 c. 78 s.113(2). (4) 1971 c. 78 s.113(2) (proviso); 1981 c. 67 Sch. 4 para. 1. (5),(6) 1980 c. 65 s.122(3). (7) 1971 c. 78 s.113(3); 1981 c. 67 Sch. 4 para. 1, Sch. 6 Pt. I. 229(1) 1971 c. 78 s.121(1). (2) 1971 c. 78 s.121(1); 1980 c. 65 Sch. 34 Pt. XIII. (3) 1971 c. 78 s.121(2); 1981 c. 67 Sch. 4, para. 21(6). (4) to (6) 1971 c. 78 s.121(4) to (6). 230 1971 c. 78 s.120. 231(1) 1971 c. 78 s.276(6)(a); 1972 c. 70 s. 179. (2) 1971 c. 78 s.276(6)(b). (3) 1971 c. 78 s.276(7). 232(1) 1971 c. 78 s.122(1). (2) to (4) 1971 c. 78 s.122(2)(2A)(2B); 1980 c. 65 Sch. 23 para. 10. (5),(6) 1971 c. 78 s.122(4),(5); 1972 c. 70 s.272(2). 233(1) to (4) 1971 c. 78 s.123(1),(2),(2A); 1980 c. 65 Sch. 23 para. 11,Sch. 34, Part XIII. (5) to (7) 1971 c. 78 s.123(7). (8) 1971 c. 78 s.123(9); 1972 c. 70 s.272(2). 234 1980 c. 65 s.122(6). 235(1) 1971 c. 78 s.124(1), (5). (2) 1971 c. 78 s.124(2). (3) 1971 c. 78 s.124(1), (5). (4) 1971 c. 78 s.124(6); 1974 c. 7 s.35, Sch. 6 para. 25(9). (5) 1971 c. 78 s.124(6) (proviso), (7). (6) 1971 c. 78 s.124(8); 1972 c. 5 Sch. 3; 1982 c. 52 s.19(1), Sch. 2 para. 7(2). 236(1) 1971 c. 78 s.118(1). (2) 1971 c. 78 s.118(2); 1984 c. 12 Sch. 4 para. 53(3). (3) to (5) 1971 c. 78 s.118(3) to (5). 237(1),(2) 1971 c. 78 s.127(1),(2). (3) 1971 c. 78 s.127(1) (proviso); 1984 c. 12 Sch. 4 para. 53(4). (4) 1971 c. 78 s.127(3). (5),(6) 1971 c. 78 s.127(4). (7) 1971 c. 78 s.127(5). 238(1),(2) 1971 c. 78 s.128(1) (part). (3),(4) 1971 c. 78 s.128(2). (5) 1971 c. 78 s.128(3). (6) 1971 c. 78 s.128(7) (part). 239(1),(2) 1971 c. 78 s.128(4). (3) 1971 c. 78 s.128(7) (part). 240(1),(2) 1971 c. 78 s.128(5), (6). (3) 1971 c. 78 s.128(8), (1) (part). 241 1971 c. 78 s.129. 242 1971 c. 78 s.130; 1973 c. 26 Sch. 3; 1978 c. 30 s.17(2)(a); 1989 c. 42 Sch.11 para 19. 243(1) 1971 c. 78 s.131(1). (2),(3) 1971 c. 78 s.131(2) (4) 1971 c. 78 s.131(3). 244(1) 1980 c. 65 s.119(1); 1982 c. 30 s.35(a). (2) 1980 c. 65 s.119(2); 1982 c. 30 s.35(b). (3) 1980 c. 65 s.119(3); 1982 c. 30 s.35(c) (4) 1980 c. 65 s.119(4); 1982 c. 30 s.35(d). 245(1) 1971 c. 78 s.132(1); 1981 c. 67 Sch. 4 para. 21(7)(a). (2) 1971 c. 78 s.132(2); 1981 c. 67 Sch. 4 para. 21(7)(b). (3) 1971 c. 78 s.132(3); 1981 c. 67 Sch. 4 para. 21(7)(c). (4) 1971 c. 78 s.132(4). 246 1971 c. 78 s.133. 247(1) 1971 c. 78 s.209(1); 1980 c. 65 Sch. 32 para. 18(4). (2) 1971 c. 78 s.209(2)(part). (3) 1971 c. 78 s.209(2); 1972 c. 70 Sch. 16 para. 39; 1980 c. 66 Sch. 24 para. 20; 1985 c. 51 Sch. 4 para. 50(a), Sch. 17. (4) 1971 c. 78 s.209(3). (5) 1971 c. 78 s.209(4). (6) 1971 c. 78 s.209(5); 1981 c. 67 Sch. 4 para. 21(8). 248(1),(2) 1971 c. 78 s.211(1). (3) 1971 c. 78 s.211(2); R 20. 249(1) 1971 c. 78 s.212(1); 1974 c. 7 Sch. 8. (2) 1971 c. 78 s.212(2); 1972 c. 70 Sch.16 paras. 41(1),(2),52. (3) 1971 c. 78 s.212(3); 1972 c. 70 Sch.16 paras.41(1),(3),52. (4) 1971 c. 78 s.212(3). (5) 1971 c. 78 s.212(4). (6) 1971 c. 78 s.212(8). (7) 1971 c. 78 s.212(8A); 1982 c. 30 Sch.5 para. 2. (8) 1971 c. 78 s.212(2),(8); 1972 c. 70 Sch.16 paras. 41(1),(5),52. (9) 1971 c. 78 s.212(9). 250(1),(2) 1971 c. 75 s.212(5); 1972 c. 70 Sch.16 paras.41(4),52. (3) 1971 c. 78 s.212(6); 1972 c. 70 Sch.16 paras.41(4),52. (4) to (7) 1971 c. 78 ss.212(7), 178, 179; 1972 c. 70 Sch.16 paras.41(4),52. 251(1) 1971 c. 78 s.214(1)(a). (2) 1971 c. 78 s.214(2). (3) 1971 c. 78 s.214(3); 1988 c. 4 Sch.3 para. 22. 252(1) 1971 c. 78 s.215(1). (2) 1971 c. 78 s.215(2)(a), (7A)(part); 1986 c. 44 Sch.7 para. 2(2)(c); 1989 c. 15 Sch.25 para 42(1). (3) 1971 c. 78 s.215(2)(b). (4),(5) 1971 c. 78 s.215(3). (6) 1971 c. 78 s.215(4). (7) R 21. (8) 1971 c. 78 s.215(5). (9) 1971 c. 78 s.215(6). (10),(11) 1971 c. 78 s.215(7). (12) 1971 c. 78 s.215(7A) (part),(8); 1972 c. 70 s.179(3); 1985 c. 51 Sch.14 para. 48(a), Sch.17; 1988 c. 40 Sch.13; 1988 c. 50 Sch.17 para. 18; 1989 c. 15 Sch.25 para 42(1); 1989 c. 29 Sch.16 para 2(5)(b). 253(1) 1971 c. 78 s.216(1) (2) 1971 c. 78 s.216(2); 1987 c. 3 Sch.1 para. 19. (3) 1971 c. 78 s.216(3). (4) 1971 c. 78 s.216(4); 1972 c. 70 Sch.30; 1985 c. 51, Sch.4 para. 50(b); 1988 c. 40 Sch.12 para 40. (5) 1971 c. 78 s.216(5). 254(1) 1971 c. 78 s.218(1); R 22. (2) 1971 c. 78 s.218(2); 1981 c. 67 Sch.4 para. 1, Sch.6 Pt.I. 255 1971 c. 78 s.219. 256(1),(2) 1971 c. 78 s.220(1); 1984 c. 12 Sch.4 para. 53(7). (3),(4) 1971 c. 78 s.220(2); 1984 c. 12 Sch.4 para. 53(7). (5) 1971 c. 78 s.220(6); 1984 c. 12 Sch.4 para. 53(7). (6) 1971 c. 78 s.220(7); 1984 c. 12 Sch.4 para. 53(7). 257(1) to (3) 1971 c. 78 s.210(1) to (3). (4) 1971 c. 78 s.210(4); 1972 c. 70 Sch.16 para. 40. 258(1) 1971 c. 78 s.214(1). (2) 1971 c. 78 s.214(2). (3) 1971 c. 78 s.214(3); 1988 c. 4 Sch.3 para. 22. 259 1971 c. 78 s.217. 260(1) 1971 c. 78 s.220(3)(part),(4);1984 c. 12 Sch.4 para. 53(7). (2) 1971 c. 78 s.220(4)(part); 1984 c. 12 Sch.4 para. 53(7), drafting. (3) 1971 c. 78 s.220(3)(a); 1984 c. 12 Sch.4 para 53(7). (4) 1971 c. 78 s.220(3)(b); 1984 c. 12 Sch.4 para. 53(7). (5) 1971 c. 78 s.220(3)(c); 1984 c. 12 Sch.4 para. 53(7). (6) 1971 c. 78 s.220(3)(d); 1984 c. 12 Sch.4 para. 53(7). (7) 1971 c. 78 s.220 (3)(e); 1984 c. 12 Sch.4 para. 53(7). (8) 1971 c. 78 s.220(5); 1984 c. 12 Sch.4 para. 53(7). (9) 1971 c. 78 s.220(6),(7); 1984 c. 12 Sch.4 para. 53(7). 261(1) 1951 c. 60 s.32(1); 1971 c. 78 s.221(1), (3). (2) 1951 c. 60 s.32(1); 1971 c. 78 s.221(1),(3). (3) 1951 c. 60 s.32(2); 1971 c. 78 s.221(1),(3). (4) 1951 c. 60 s.32(3); 1971 c. 78 s.221(2),(3). (5) 1958 c. 69 s.13(5) 1986 c. 63 Sch.8 para. 4. 262(1) 1971 c. 78 s.290(1); 1986 c. 31 Sch.2 para. 1(1); 1986 c. 44 Sch.9; 1989 c. 15 Sch.25 para. 42(3); 1989 c. 29 Sch.18. (2) 1971 c. 78 s.290(1); 1986 c. 31 Sch.2 para. 1(1). (3) to (5) 1969 c. 48 Sch.4 para. 93(1)(xxxiii), (4)(ii); 1980 c. 65 Sch.33 para. 12; 1981 c. 38 Sch.3 para. 10(2)(c); 1982 c. 16 Sch.2 paras.4, 5(c); 1986 c. 44 Sch.7 para. 2(1); 1986 c. 63 Sch.7 para. 9; 1989 c. 15 Sch.25 para. 1(2). (6), (7) 1989 c. 29 Sch.16 paras. 1(1)(xxii), (xxiv), (xxv), 2(2)(c), (4)(c). 263(1),(2) 1971 c. 78 s.222. (3), (4) 1969 c. 48 Sch.4 para. 93(4); 1982 c. 16 Sch.2 para 5, Sch.13 Part III para. 1. 264(1) 1971 c. 78 s.223(1). (2) 1971 c. 78 s.223(1)(part), (2)(part); 1969 c. 48 Sch.4 para. 89(1). (3) 1971 c. 78 s.223(2)(a). (4) 1971 c. 78 s.223(2)(b); 1984 c. 32 Sch.6 para. 9; 1986 c. 44; Sch.7 para. 12; 1986 c. 31 Sch.4 para. 1; 1989 c. 15 Sch.25 para. 42(2). (5), (6) 1971 c. 78 s.223(3). (7) 1969 c. 48 Sch.4 para. 89(2). (8) 1982 c. 16 Sch.2 para. 6(1). 265(1) 1971 c. 78 s.224(1); 1986 c. 31 Sch. 2 para. 1(2), Sch.6; 1986 c. 44 Sch.7 para 2(1); 1989 c. 15 Sch.27. (2) 1986 c. 44 Sch.7 para. 2(9); 1989 c. 29 Sch.16 para. 3(1)(d). (3) 1989 c. 15 Sch.25 para. 1(9),(10). (4) 1971 c. 78 s.224(2). 266(1) 1971 c. 78 s.225(1); 1981 c. 41 Sch. para. 17. (2) 1971 c. 78 s.225(2). (3) 1971 c. 78 s.225(3). (4) 1971 c. 78 s.225(5). (5) 1982 c. 16 Sch.2 para. 6(2). 267 1971 c. 78 s.225(4). 268(1) 1971 c. 78 s.226(1). (2) 1971 c. 78 s.226(1). (3) 1971 c. 78 ss.40(3), 226(2). 269 1971 c. 78 s.227; R 23. 270 1971 c. 78 s.228; R 23; R 24. 271(1), (2) 1971 c. 78 s.230(1). (3) 1971 c. 78 s.230(2). (4) 1971 c. 78 s.230(3). (5) 1971 c. 78 s.230(4). (6) 1971 c. 78 s.230(5). (7) 1971 c. 78 s.230(6). (8) 1971 c. 78 s.230(1)(part). 272(1) 1971 c. 78 s.230(1),(7); 1984 c. 12 Sch.4 para. 53(9). (2) 1971 c. 78 s.230(1),(7); 1984 c. 12 Sch.4 para. 53(9). (3) 1971 c. 78 s.230(2),(7); 1984 c. 12 Sch.4 para. 53(9). (4) 1971 c. 78 s.230(3),(7); 1984 c. 12 Sch.4 para. 53(9). (5) 1971 c. 78 s.230(4),(7); 1984 c. 12 Sch.4 para. 53(9). (6) 1971 c. 78 s.230(5),(7); 1984 c. 12 Sch.4 para. 53(9). (7) 1971 c. 78 s.230(6), (7); 1984 c. 12 Sch.4 para. 53(9). (8) 1971 c. 78 s.230(1)(part),(7); 1984 c. 12 Sch.4 para. 53(9). 273(1) to (6) 1971 c. 78 s.232(1) to (6). (7),(8) 1971 c. 78 s.232(7); 1984 c. 12 s.109, Sch.4 para. 53(10). 274 1971 c. 78 ss.231, 230(7); 1984 c. 12 Sch. 4 para. 53(9) 275 1971 c. 78 s.233. 276(1), (2) 1971 c. 78 s.234(1). (3) 1971 c. 78 s.234(2). 277(1), (2) 1971 c. 78 s.235(1),(2). (3),(4) 1971 c. 78 s.235(3). (5) 1971 c. 78 s.235(4). (6) 1971 c. 78 s.235(5). (7) 1971 c. 78 s.235(6). (8) 1971 c. 78 s.235(7). 278(1) to (5) 1971 c. 78 s.236(1) to (5). (6),(7) 1971 c. 78 s.236(6). (8),(9) 1971 c. 78 s.236(7). (10) 1971 c. 78 s.236(8). (11) 1971 c. 78 s.236(2) proviso. 279(1) 1971 c. 78 s.237(1). (2) 1971 c. 78 s.237(2). (3) 1971 c. 78 ss.230(7), 237(2); 1984 c. 12 Sch.4 para. 53(9). (4) 1971 c. 78 s.237(3). (5),(6) 1971 c. 78 s.237(4). (7) 1971 c. 78 s.237(5); 1986 c. 63 Sch.12 Pt.III. 280(1) 1971 c. 78 ss.238(1), 230(7); 1981 c. 36 Sch.1 para. 7; 1984 c. 12 Sch.4 para. 53(9). (2), (3) 1971 c. 78 s.238(2); 1984 c. 12, Sch.4 para. 53(9). (4), (5) 1971 c. 78 s.238(3); 1984 c. 12 Sch.4 para. 53(9). (6) 1971 c. 78 s.238(4). (7) 1971 c. 78 s.238(5). (8) 1971 c. 78 s.238(6); 1981 c. 67 Sch.4 para. 21(9). 281(1),(2) 1971 c. 78 s.239(1). (3) 1971 c. 78 s.239(2). (4) 1971 c. 78 s.239(3). 282 1971 c. 78 s.240. 283 1971 c. 78 s.241. 284(1) 1971 c. 78 s.242(1); 1985 c. 51 Sch.1 para. 16(3); 1986 c. 63 Sch.6 Pt.II para. 4. (2) 1971 c. 78 s.242(2); 1981 c. 36 Sch.1 para. 8 (3) 1971 c. 78 s.242(3); 1982 c. 30 Sch.6 para. 7(b). (4) 1971 c. 78 s.242(4). 285(1) 1971 c. 78 s.243(1); 1981 c. 41 Sch.para. 18(1). (2) 1971 c. 78 s.243(2); 1981 c. 41 Sch.para. 18(2). (3) 1971 c. 78 s.243(3). (4) 1971 c. 78 s.243(4). (5),(6) 1971 c. 78 s.243(5). 286(1) 1972 c. 70 Sch.16 paras.51(1),54(6). (2) 1972 c. 70 Sch.16 para. 51(2); 1981 c. 41 Sch.para. 28(d) 287(1) 1971 c. 78 s.244(1),(6); 1985 c. 51 Sch.1 para. 16(4). (2) 1971 c. 78 s.244(2). (3) 1971 c. 78 s.244(3) to (7); 1986 c. 63 Sch.6 Pt.II para. 5. (4) 1971 c. 78 s.244(1) (part). (5) 1971 c. 78 s.244(1),(3) to (7); 1986 c. 63 Sch.6 Pt.II para. 5; R 25(a). (6) 1971 c. 78 s.244(7)(a); 1986 c. 63 Sch.6 Pt.II para. 5. 288(1) 1971 c. 78 s.245(1). (2) 1971 c. 78 s.245(2). (3) 1971 c. 78 s.245(1)(2); R 25(b). (4) 1971 c. 78 s.245(3) (5),(6) 1971 c. 78 s.245(4). (7) 1971 c. 78 s.245(5). (8) 1971 c. 78 s.245(6). (9) 1971 c. 78 s.245(7). (10) 1971 c. 78 s.245(7); 1972 c. 70 Sch.16 para. 46; R 26. 289(1) 1971 c. 78 s.246(1); 1981 c. 41 Sch. para. 19. (2) 1971 c. 78 s.246(1A); 1981 c. 41 Sch. para. 19. (3) 1971 c. 78 s.246(2). (4) 1971 c. 78 s.246(2); 1981 c. 54 Sch.5. (5) 1971 c. 78 s.246(3). (6) 1971 c. 78 s.246(4); 1977 c. 38 Sch.5 Pt.IV. (7) 1971 c. 78 s.246(5). 290 1971 c. 78 s.247; R 8(b). 291 1971 c. 78 s.248. 292 1971 c. 78 s.249. 293(1) to (3) 1971 c. 78 ss.266(7), 268(4); 1984 c. 10 s.6(1), (2) (4) 1984 c. 10 s.4(1). 294(1) 1971 c. 78 s.266(3); 1981 c. 41 Sch. para 20(b). (2) 1984 c. 10 s.3(1). (3) 1984 c. 10 s.3(2). (4) 1984 c. 10 s.3(3). (5) 1984 c. 10 s.3(4). (6), (7) 1984 c. 10 s.3(5). 295(1), (2) 1984 c. 10 s.3(6). (3), (4) 1984 c. 10 s.3(7). (5),(6) 1984 c. 10 s.3(8). 296(1) 1971 c. 78 s.266(1); 1985 c. 51 Sch.1 para. 16(6). (2) 1971 c. 78 s.266(2); 1981 c. 36 Sch.1 para. 9; 1981 c. 41 Sch. para. 20(a). (3), (4) 1971 c. 78 s.266(5). (5) 1971 c. 78 s.266(6). 297(1), (2) 1971 c. 78 s.267(1). (3) 1971 c. 78 s.267(2). (4) 1971 c. 78 s.267(3). 298 1971 c. 78 s.268. 299(1) to (5) 1984 c. 10 s.1(1) to (5). (6) 1984 c. 10 s.1(7). (7) 1984 c. 10 s.1(6)(part). 300(1) 1984 c. 10 s.2(1). (2) 1984 c. 10. s.2(2). (3), (4) 1984 c. 10 s.2(3). (5) 1984 c. 10 s.2(4). (6), (7) 1984 c. 10 s.2(5). 301(1) to (4) 1984 c. 10 s.5(1) to (4). (5) 1984 c. 10 s.5(6). 302(1), (2) 1946 c. 35 ss.1(2), 7(6). (3) 1946 c. 35 s.2(1) to (3). (4) 1946 c. 35 s.4(1). (5) Drafting (6) 1946 c. 35 ss.1(2), (3), (5), 2(1), 4(1), 7(1), (6); 1989 c. 43 Sch 2 para. 11. (7) 1946 c. 35 s.7(3). (8) 1946 c. 35 s.7(6). 303 (1) 1980 c. 65 s.87(1). (2) 1980 c. 65 s.87(2)(a). (3) 1980 c. 65 s.87(3). (4) 1980 c. 65 s.87(4). (5) 1980 c. 65 s.87(6). 304 1971 c. 78 s.253. 305 1971 c. 78 s.254. 306(1) 1971 c. 78 s.255(1); 1980 c. 66 Sch.24 para. 20(g) (2) 1971 c. 78 s.255(2); 1985 c. 51 Sch.1 para. 16(5); R 27(a) and (b). (3) 1971 c. 78 s.255(3). (4) 1971 c. 78 s.255(4). (5) 1971 c. 78 s.255(5). 307 1971 c. 78 s.256; 1972 c. 70 s. 179(3), Sch.30; 1980 c. 65 Sch.15 para. 22. 308(1),(2) 1971 c. 78 s.257(1),(2). (3) to (6) 1971 c. 78 s.257(3) to (6). 309(1) to (5) 1971 c. 78 s.258(1) to (5). (6),(7) 1971 c. 78 s.258(6). 310 1971 c. 78 s.259. 311 1971 c. 78 s.260. 312(1) 1971 c. 78 s.261(1). (2) 1971 c. 78 s.261(4). 313 1971 c. 78 s.262; 1980 c. 65 s.87(7). 314 1971 c. 78 s.263(1); 1972 c. 70 Sch. 29 Pt. I para 3(b). 315(1) 1971 c. 78 s.264(1). (2) 1971 c. 78 s.264(2) (3) 1971 c. 78 s.264(1) to (3). (4) 1971 c. 78 s.264(4); 1987 c. 3 Sch.1 para. 19. (5) 1971 c. 78 s.264(4). 316(1) 1971 c. 78 s.270(1). (2) 1971 c. 78 s.270(2); 1981 c. 41 Sch. para. 21. (3) 1971 c. 78 s.270 (3). (4) 1971 c. 78 s.272. (5) 1980 c. 65 s.149(5); 1988 c. 50 s.67(5). 317(1), (2) 1971 c. 78 s.273(1); 1974 S.I./692 art.2(1), 5(3), Sch.1 Pt.I; 1987 c. 3 s.1, Sch.1 para. 19. (3) 1971 c. 78 s.273(2). 318(1) 1971 c. 78 s.274(1); 1981 c. 41 Sch. para. 23; 1981 c. 67 Sch.4 para. 1. (2) 1971 c. 78 s.274(2). (3) 1971 c. 78 s.274(3). (4) 1971 c. 78 s.274(4). (5) 1971 c. 78 s.274(4). (6) 1971 c. 78 s.274(5). 319(1) 1971 c. 78 s.269(1), (3); 1980 c. 65 Sch.15 para. 23(1); 1981 c. 36 s.18; 1984 c. 10 s.6(3). (2) 1971 c. 78 s.269(2); 1972 c. 70 s. 179(3); 1982 c. 30 s.36(b). (3) 1971 c. 78 s.269(3); 1972 c. 70 s. 179(3). (4) 1971 c. 78 s.269(1), (3). (5) 1971 c. 78 s.269(4). 320(1) 1971 c. 78 s.282(1). (2) 1971 c. 78 s.282(2); 1986 c. 63 Sch.11 para. 8(1). 321(1) 1982 c. 21 s.1(5). (2) 1982 c. 21 s.1(1). (3) 1982 c. 21 s.1(2),(3). (4) 1982 c. 21 s.1(4). 322 1971 c. 78 s.282A; 1986 c. 63 Sch.11 para. 9(1). 323 1971 c. 78 s.282B; 1986 c. 63 Sch.11 para. 10. 324(1) 1971 c. 78 s.280(1); 1981 c. 41 Sch.para. 25; 1985 c. 51 Sch.1 para. 16(7). (2) 1971 c. 78 s.280(4). (3) 1971 c. 78 s.280(4A); 1982 c. 30 s.36(c). (4) 1971 c. 78 s.280(5). (5) 1971 c. 78 s.280(6). (6) 1971 c. 78 s.280(7). (7) 1971 c. 78 s.280(8). (8) 1971 c. 78 s.280(9). (9) 1971 c. 78 s.280(10); 1985 c. 51 Sch.2 para. 1(16). 325(1) 1971 c. 78 s.281(1) (2) 1971 c. 78 s.281(2); 1982 c. 48 s.46. (3) to (5) 1971 c. 78 s.281(3). (6) 1971 c. 78 s.281(4). (7) 1971 c. 78 s.281(5). (8) 1971 c. 78 s.281(6)(a). (9) 1971 c. 78 s.281(6)(b). 326(1) 1971 c. 78 s.278(1). (2) 1971 c. 78 s.278(2). (3) 1971 c. 78 s.278(4). (4) 1971 c. 78 s.278(5). 327(1) 1971 c. 78 s.279(1). (2) 1971 c. 78 s.279(2)(a). (3) 1971 c. 78 s.279(2)(b). (4) 1971 c. 78 s.279(3). (5) 1971 c. 78 ss.279(4); 258(5). 328(1) 1971 c. 78 s.275(1). (2) 1971 c. 78 s.275(1). 329 1971 c. 78 s.283. 330(1) 1971 c. 78 s.284(1); 1977 c. 29 s.3(1),(2); 1981 c. 41 Sch. para. 26. (2) 1971 c. 78 s.284(1A); 1977 c. 29 s.3(1),(3). (3) 1971 c. 78 s.284(1)(part); 1977 c. 29 s.3(1),(2); 1981 c. 41 Sch. para. 26. (4) 1971 c. 78 s.284(2); 1977 c. 29 s.3(4); 1982 c. 48 ss.38, 46. (5) 1971 c. 78 s.284(3); 1977 c. 29 s.3(5); 1982 c. 48 s.74. 331 1971 c. 78 s.285. 332 1971 c. 78 s.286. 333(1) 1971 c. 78 s.287(1). (2), (3) 1971 c. 78 s.287(2). (4) 1971 c. 78 s.287(4); 1985 c. 51 s.103(1); 1986 c. 63 Sch.6 Pt.II para. 6(a), Sch.9 para. 5(2)(a), Sch.12 Pt.III. (5) 1971 c. 78 s.287(5); 1985 c. 51 s.103(2); 1986 c. 63 Sch.6 Pt.II para. 6(b), Sch.9 para. 5(2)(b), Sch.12 Pt.III. (6) 1971 c. 78 s.287(6). (7) 1971 c. 78 s.287(3). 334 1971 c. 78 s.288. 335 1971 c. 78 s.289. 336(1) 1971 c. 78 ss. 264(1A), 290(1); 1972 c. 70 s. 179(3), Sch.30; 1977 S.I./293 art.4(4); 1980 c. 65 Sch.32 para. 18(5); 1980 c. 66 Sch.24 para. 20(h); 1981 c. 36 s.1(2), Sch.1 para. 11; 1985 c. 51 Sch.1 para. 16(8), Sch.17; 1986 c. 63 Sch.6 Pt.II para. 7, Sch.7 Pt.I para. 7, Sch.12 Pt.III; 1988 c. 4 Sch.3 para. 25; 1989 c. 15 Sch.25 paras.1(11)(ii), 42(3); 1990 SI/776 Sch.3 para. 15; R 28. (2), (3) 1971 c. 78 s.290(2). (4) 1971 c. 78 s.290(3). (5) 1971 c. 78 s.290(4). (6) 1971 c. 78 s.290(5)(part). (7) 1971 c. 78 s.290(6); 1989 c. 34 s.2. (8) 1971 c. 78 s.290(7). (9) 1971 c. 78 s.290(8). (10) 1971 c. 78 ss.40(4) 181(5), 182(5), 280(10)(c), 284(4); 1988 c. 4 Sch.3 paras. 11,19,20,23,24,25. 337 — Sch. 1 para. 1 1972 c. 70 Sch. 16 paras. 32, 32A; 1980 c. 65 s.86(4), Sch. 34 Pt X; 1981 c. 36 s.2(1), Sch para 12. para. 2 1972 c. 70 s.183(1). para. 3 1972 c. 70 Sch. 16 para. 15; 1980 c. 65 s.86(1), Sch. 34 Pt X. para. 4 1972 c. 70 Sch. 16 para. 16. para. 5(1) 1972 c. 70 Sch. 16 para. 17; 1980 c. 66 Sch. 24 para. 22; 1986 c. 63 Sch. 11 para. 2(2). (2),(3) 1980 c. 65 s.150. para. 6 1972 c. 70 Sch. 16 para. 18. para. 7 1972 c. 70 Sch. 16 para. 19; 1980 c. 65 s.86(2),(3); 1986 c. 63 Sch. 11 para. 23(3); R 29. para. 8 1972 c. 70 Sch. 16 para. 20; 1986 SI/452. para. 9(1) 1971 c. 78 s.24A(6); 1986 c. 63 s.25(1). (2) 1971 c. 78 Sch.8A para. 5(6); 1986 c. 63 s.25(2). (3) 1971 c. 78 Sch.8A para. 6(6); 1986 c. 63 s.25(2). para. 10 1972 c. 70 Sch. 16 para. 23. para. 11 1972 c. 70 Sch. 16 para. 24; 1981 c. 36 s.2(4)(c); 1981 c. 41 Sch. para. 28(a). para. 12 1972 c. 70 Sch. 16 para. 29; 1978 c. 30 s.17(2)(a); 1981 c. 41 Sch. para. 28(b). para. 13 1971 c. 78 s.60(1A); 1972 c. 70 Sch. 16 para. 27; 1980 c. 65 Sch.15 para 13; R 2. para. 14 1971 c. 78 ss.61A(3),(7), 65(4), 109A; 1972 c. 70 Sch. 16 para. 25 (part); 1980 c. 65 Sch. 34 Pt X; 1986 c. 63 s.46. para. 15 1972 c. 70 Sch. 16 para. 26. para. 16 1972 c. 70 Sch. 16 paras. 34, 38. para. 17 1972 c. 70 Sch. 16 para. 35. para. 18 1972 c. 70 Sch. 16 para. 36. para. 19 1972 c. 70 Sch. 16 para. 54(1) to (5); 1985 c. 51 s.3(5), Sch. 3 para. 4. para. 20 1972 c. 70 Sch. 16 paras. 45,47 (part); 1971 c. 78 s.52(4). para. 21 1972 c. 70 Sch. 16 para. 52. Sch. 2 Pt.I para. 1 1985 c. 51 Sch. 1 para. 18 (part), drafting. para. 2 1985 c. 51 Sch. 1 para. 19; 1971 c. 78 Sch. 4 para. 5. para. 3(1) 1971 c. 78 Sch.23 Pt.I; 1985 c. 51 Sch. 1 para. 20(1), (2); 1986 c. 63 Sch. 11 para. 27(1), (2). (2) 1985 c. 51 Sch. 1 para. 20(2A); 1986 c. 63 Sch. 11 para. 27(1), (3). (3) 1985 c. 51 Sch. 1 para. 20(3A); 1986 c. 63 Sch. 11 para. 27(1), (4) (part). (4) 1985 c. 51 Sch. 1 para. 20(4). (5) R 30. para. 4(1),(2) 1985 c. 51 Sch. 1 para. 21(1) (3) 1985 c. 51 Sch. 1 para. 21(2) para. 5 1985 c. 51 Sch. 1 para. 22 para. 6 1985 c. 51 Sch. 1 para. 23(3) Sch. 2 Pt. II, para. 1 1971 c. 78 Sch.4 para. 5(1); 1985 c. 51 Sch. 1 para. 18. para. 2 1985 c. 51 Sch. 1 para. 19 para. 3(1) 1971 c. 78 Sch. 4 para. 7, Sch. 23 Pt.I; 1985 c. 51 Sch. 1 para. 20(1), (2); 1986 c. 63 Sch. 11 para. 27(1), (2) (2) 1971 c. 78 Sch. 4 para. 2; 1972 c. 42 Sch. 1; 1985 c. 51 Sch.1 para. 20(2). (3) 1971 c. 78 Sch. 4 para. 5(1); 1985 c. 51 Sch. 1 para. 20, drafting. (4) 1981 c. 51 Sch. 1 para. 20(4). (5) R 30. para. 4(1) 1971 c. 78 Sch. 4 para. 8(3); 1972 c. 42 Sch. 1 (2) 1971 c. 78 Sch. 4 para. 8(5); 1972 c. 42 Sch. 1 para. 5(1) 1971 c. 78 Sch. 4 paras. 5(3), 8(1); 1972 c. 42 Sch. 1 (2) 1971 c. 78 Sch. 4 para. 9(1)(b); 1972 c. 42 Sch. 1 (3) 1971 c. 78 Sch. 4 para. 9(3); 1972 c. 42 Sch. 1 para. 6 1971 c. 78 Sch. 4 para. 10; 1972 c. 42 Sch. 1 para. 7(1) 1971 c. 78 Sch. 4 para. 11(1); 1972 c. 42 Sch. 1; 1972 c. 70 Sch. 30 (2) 1971 c. 78 Sch. 4 para. 11(2); 1972 c. 42 Sch. 1; 1980 c. 65 Sch. 14 para. 13(1) (3) 1971 c. 78 Sch. 4 para. 11(3); 1972 c. 42 Sch. 1; 1980 c. 65 Sch. 14 para. 13(1) (4),(5) 1971 c. 78 Sch. 4 para. 11(4),(5); 1972 c. 42 Sch. 1 para. 8(1) 1971 c. 78 Sch. 4 para. 12(1); 1972 c. 42 Sch. 1 (2) 1971 c. 78 Sch. 4 para. 12(2)(part); 1972 c. 42 Sch. 1; 1980 c. 65 Sch. 14 para. 13(1) (3) 1971 c. 78 Sch. 4 para. 12(3); 1972 c. 42 Sch. 1; 1980 c. 65 Sch. 14 para. 13(1) para. 9(1) 1971 c. 78 s.13(1); 1972 c. 70 s.272(2) (2) 1971 c. 78 s.13(2) (3) 1971 c. 78 s.13(3); 1980 c. 65 Sch. 14 para. 9 para. 10 1971 c. 78 s.14 Sch.4 para. 14; 1980 c. 65 Sch. 14 para. 10. para. 11(1) 1971 c. 78 Sch. 4 para. 14(2); 1972 c. 42 Sch. 1; 1972 c. 70 Sch. 30 (2) 1971 c. 78 Sch. 4 para. 14(3); 1972 c. 42 Sch. 1 para. 12(1),(2) 1971 c. 78 s.15(1),(2) (3) 1985 c. 51 Sch. 1 para. 20(3); 1986 c. 63 Sch. 11 para. 27(4) (4) 1971 c. 78 s.15(3), Sch. 4 para. 16(1); 1972 c. 42 s.3(3), Sch. 1; 1972 c. 70 Sch. 30. para. 13(1) 1972 c. 70 Sch. 16 para. 10(1); 1986 c. 63 Sch. 12 Pt. III (2) 1972 c. 70 Sch. 16 para. 10(2) (as it applies in London); 1986 c. 63 Sch. 12 Pt. III (3) 1972 c. 70 Sch. 16 para. 14(3) (4),(5) 1972 c. 70 Sch. 16 para. 14(5),(6) para. 14 1972 c. 70 Sch. 16 para. 11(1) (as it applies in London). para. 15 1972 c. 70 Sch. 16 para. 12; 1986 c. 63 Sch. 12 Pt. III para. 16 1972 c. 70 Sch. 16 para. 13; R 6. para. 17(1),(2) 1985 c. 51 Sch. 1 para. 21(1) (3) 1985 c. 51 Sch. 1 para. 21(2) para. 18 1985 c. 51 Sch. 1 para. 22 Sch. 2 Pt. III, para. 1 Drafting para. 2 1971 c. 78 Sch. 7 para. 2; 1980 c. 66 Sch. 24 para. 20(j) para. 3 1971 c. 78 Sch. 4 para 5, Sch. 7 para. 3; 1980 c. 65 Sch. 14 para. 14 para. 4 1971 c. 78 Sch. 7 para. 4. para. 5 1971 c. 78 Sch. 7 para. 5 para. 6 1971 c. 78 Sch. 7 para. 5A; 1980 c. 65 Sch. 14 para. 15(1) para. 7 1971 c. 78 Sch. 7 para. 5B; 1980 c. 65 Sch. 14 para. 15(1) para. 8 1971 c. 78 Sch. 7 para. 5C; 1980 c. 65 Sch. 14 para. 15(1) para. 9 1971 c. 78 Sch. 7 para. 6 para. 10 1971 c. 78 Sch. 7 para. 7; 1980 c. 65 Sch. 14 para. 15(2); 1985 c. 51 Sch. 17 Sch. 3 para. 1 1971 c. 78 Sch. 8 para. 1 (part) para. 2 1971 c. 78 Sch. 8 para. 2. para. 3 1971 c. 78 Sch. 8 para. 3 (part) para. 4 to 8 1971 c. 78 Sch. 8 paras. 4 to 8. para. 9 1971 c. 78 Sch. 8 para. 10. para. 10(1) 1971 c. 78 Sch. 8 para. 9. (2) 1971 c. 78 Sch. 8 paras. 1 (part), 3 (part). paras. 11 to 13 1971 c. 78 Sch. 8 paras. 11 to 13. para. 14(1) 1971 c. 78 s.180(3). (2) 1971 c. 78 s.278(2), (3). Sch. 4 paras. 1 to 3 1971 c. 78 s.23(2) to (4). para. 4 1971 c. 78 s.23(7). Sch. 5 para. 1 1971 c. 78 s.44A; 1981 c. 36 s.7; 1982 SI/86. para. 2 1971 c. 78 s.30A(1) to (8), (19) (part); 1981 c. 36 s.5. para. 3 1971 c. 78 s.30A(9) to (12), (19); 1981 c. 36 s.5. para. 4 1971 c. 78 s.30A(13) to (16), (19); 1981 c. 36 s.5. para. 5 1971 c. 78 s.30A(17); 1981 c. 36 s.5. para. 6 1971 c. 78 s.30A(18); 1981 c. 36 s.5. para. 7 1971 c. 78 s.45(6); 1981 c. 36 s.8. para. 8 1971 c. 78 s.45(7); 1981 c. 36 s.8. Sch. 6 para. 1 1971 c. 78 Sch. 9 para. 1. para. 2 1971 c. 78 Sch. 9 para. 2; 1981 c. 41 Sch. para. 27. para. 3 1971 c. 78 Sch. 9 para. 3. para. 4 1971 c. 78 Sch. 9 para. 3A; 1986 c. 63 Sch. 11 para. 11. para. 5 1971 c. 78 Sch. 9 para. 4. para. 6 1971 c. 78 Sch. 9 para. 5; 1972 c. 70 s.272(2); 1986 c. 63 Sch. 11 paras. 8(2), 9(2), 12. para. 7 1971 c. 78 Sch.9 para. 6. para. 8 1971 c. 78 Sch. 9 para. 7. Sch. 7 para. 1 1971 c. 78 Sch.8A para. 1; 1986 c. 63 s.25(2). para. 2 1971 c. 78 Sch.8A para. 2(2); 1986 c. 63 s.25(2). para. 3,4 1971 c. 78 Sch.8A paras. 3,4; 1986 c. 63 s.25(2). para. 5 1971 c. 78 Sch.8A para. 5(1) to (5); 1986 c. 63 s.25(2). para. 6 1971 c. 78 Sch.8A para. 6(1) to (5); 1986 c. 63 s.25(2). paras. 7 to 12 1971 c. 78 Sch.8A paras. 7 to 12; 1986 c. 63 s.25(2). para. 13(1),(2) 1971 c. 78 Sch.8A para. 13(1),(2); 1986 c. 63 s.25(2); R 31. (3) 1971 c. 78 Sch.8A para. 13(3); 1978 c. 30 Sch.1; 1986 c. 63 s.25(2). (4) 1971 c. 78 Sch.8A para. 13(4); 1986 c. 63 s.25(2). Sch. 8 para. 1 1971 c. 78 s.47(2) to (4),(6). para. 2 1971 c. 78 s.48(3) to (5). para. 3. 1971 c. 78 s.48(6),(7). para. 4. 1971 c. 78 s.49(1),(2),(7). para. 5 1971 c. 78 s.49(3) to (6); 1972 c. 70 s.272(2). para. 6. 1971 c. 78 Sch.10 para. 1. para. 7. 1971 c. 78 Sch.10 para. 2. Sch. 9 para. 1 1971 c. 78 s.51(1) to (1C),(2) to (9); 1981 c. 36 s.9. para. 2 1971 c. 78 s.51(1D) to (1H); 1981 c. 36 s.9. para. 3 1971 c. 78 s.51A(1) to (7); 1981 c. 36 s.10. para. 4 1971 c. 78 s.51A(8) to (11); 1981 c. 36 s.10. para. 5 1971 c. 78 s.51B(1) to (4); 1981 c. 36 s.10. para. 6 1971 c. 78 s.51B(5); 1981 c. 36 s.10. para. 7 1971 c. 78 s.51C; 1981 c. 36 s.10. para. 8 1971 c. 78 s.51D; 1981 c. 36 s.10. para. 9 1971 c. 78 s.51E; 1981 c. 36 s.10. para. 10 1971 c. 78 s.51F; 1981 c. 36 s.10. para. 11 1971 c. 78 s.276(1) to (4); 1974 c. 7 Sch. 6 para. 25(12), Sch. 8; 1981 c. 36 Sch. 1 para. 10; R 9. Sch. 10 1971 c. 78 Sch. 18. Sch. 11 para. 1 1971 c. 78 s.178A; 1981 c. 36 s.16; 1981 c. 36 Sch. 1 paras. 4 to 6. para. 2 1971 c. 78 s.164A(1); 1981 c. 36 s.13. para. 3 1971 c. 78 s.170B(1); 1981 c. 36 s.15. para. 4 1971 c. 78 s.164A(2)(b) to (4); 1981 c. 36 s.13; 1982 SI/86. para. 5 1971 c. 78 s.170B(2); 1981 c. 36 s.15. para. 6 1971 c. 78 s.170B(3); 1981 c. 36 s.15. para. 7 1971 c. 78 s.170B(4); 1981 c. 36 s.15. para. 8 1971 c. 78 s.170B(5); 1981 c. 36 s.15. para. 9 1971 c. 78 s.170B(6); 1981 c. 36 s.15. para. 10 1971 c. 78 s.178C(1),(2); 1981 c. 36 s.16. para. 11 1971 c. 78 s.178C(3); 1981 c. 36 s.16. para. 12 1971 c. 78 s.178B; 1981 c. 36 s.16. para. 13 1971 c. 78 s.179(1) (part); 1981 c. 36 s.17. Sch. 12 para. 1 1971 c. 78 s.135. para. 2 1971 c. 78 s.136. para. 3 1971 c. 78 s.137. para. 4 1971 c. 78 s.138, Sch. 15 para. 29 (part). para. 5 1971 c. 78 Sch. 15 paras. 2 to 5. para. 6 1971 c. 78 Sch. 15 para. 1. para. 7 1971 c. 78 Sch. 15 paras. 6 to 10. para. 8 1971 c. 78 Sch. 15 paras. 11 to 16. para. 9 1971 c. 78 Sch. 15 paras. 17 to 22. para. 10 1971 c. 78 Sch. 15 paras. 23 to 25. para. 11 1971 c. 78 Sch. 15 paras. 26 to 28, 29 (part). para. 12 1971 c. 78 s.139. para. 13 1971 c. 78 ss.140, 161. para. 14 1971 c. 78 s.141. para. 15 1971 c. 78 Sch. 16. para. 16 1971 c. 78 s.142. para. 17 1971 c. 78 Sch. 17. para. 18 1971 c. 78 s.143. para. 19 1971 c. 78 s.144. para. 20 1971 c. 78 s.145. Sch. 13 para. 1 1971 c. 78 s.192(1)(a); 1984 c. 12 Sch.4 para. 53(6); 1987 c. 3 Sch.1 para. 19. Notes (1) 1973 c. 26 s.68(1); R 32(a). (2) 1973 c. 26 s.68(4); R 32(a). (3) 1973 c. 26 s.68(5) (part). (4) 1973 c. 26 s.68(7) (part). (5) 1971 c. 78 s.192(2). (6) 1973 c. 26 s.71(2). (7) 1971 c. 78 Sch. 4 para. 5; 1973 c. 26 s.68(8); 1985 c. 51, Sch. 1 para. 20(2). para. 2 1971 c. 78 s.192(1)(b). Notes (1) 1973 c. 26 s.68(2), (9); R 32(b). (2) 1973 c. 26 s.68(4) (part); R 32(b). (3) 1973 c. 26 s.68(5) (part)(9). (4) 1973 c. 26 s.68(7) (part). (5) 1973 c. 26 s.68(8). para. 3 1971 c. 78 s.192(1)(bb); 1985 c. 51 Sch.1 para. 16(1). Notes (1) 1985 c. 51 Sch.1 para. 17(1) (part); R 32(c). (2) 1985 c. 51 Sch.1 para. 17(2) (part). (3) 1985 c. 51 Sch.1 para. 17(3) (part). (4) 1985 c. 51 Sch.1 para. 17(5) (part). para. 4 1971 c. 78 s.192(1)(bc); 1985 c. 51 Sch.1 para. 16(1). Notes (1) 1985 c. 51 Sch.1 para. 17(1) (part); R 32(c). (2) 1985 c. 51 Sch.1 para. 17(2) (part). (3) 1985 c. 51 Sch.1 para. 17(3) (part). (4) 1985 c. 51 Sch.1 para. 17(5) (part). para. 5 1973 c. 26 s.71(1)(a). para. 6 1973 c. 26 s.71(1)(b). para. 7 1973 c. 26 s.72(1)(a); 1981 c. 64 Sch.12 para. 11. Note 1973 c. 26 s.72(2). para. 8 1973 c. 26 s.72(1)(b); 1981 c. 64 Sch.12 para. 11. para. 9 1980 c. 65 s.147(1). Note 1980 c. 65 s.147(2). para. 10 1973 c. 26 s.73(1)(a); 1985 c. 71 Sch.2 para. 24(8). para. 11 1973 c. 26 s.73(1)(b); 1985 c. 71 Sch.2 para. 24(8). para. 12 1971 c. 78 s.192(1)(ha); 1989 c. 42 Sch.11 para. 20. para. 13 1971 c. 78 s.192(1)(c). para. 14 1971 c. 78 s.192(1)(d); 1980 c. 66 Sch.24 para. 20. Notes (1) 1973 c. 26 s.69(1)(a); 1980 c. 66 Sch.24 para. 23. (2) 1973 c. 26 s.69(2). (3) 1973 c. 26 s.74(1); 1980 c. 66 Sch.24 para. 23. para. 15 1971 c. 78 s.192(1)(e). para. 16 1971 c. 78 s.192(1)(f). para. 17 1973 c. 26 s.74(2)(a); 1980 c. 66 Sch.24 para. 23. para. 18 1973 c. 26 s.74(2)(b). para. 19 1973 c. 26 s.76(1); 1980 c. 66 Sch.24 para. 23. Note 1973 c. 26 s.76(4). para. 20 1971 c. 78 s.192(1)(h); 1985 c. 71 Sch.2 para. 22. para. 21 1971 c. 78 s.192(1)(i). para. 22 1971 c. 78 s.192(1)(g), (j); 1973 c. 26 s.75(1),(2). Notes (1) 1973 c. 26 s.70(1); 1978 c. 30 s.17(2)(a). (2) 1973 c. 26 s.70(2). Sch. 14 para 1 1971 c. 78 Sch.20 para 1; 1981 c. 69 Sch.16 para. 1; 1985 c. 51 Sch.14 para. 48. para 2 1971 c. 78 Sch.20 para. 2. para 3 1971 c. 78 Sch.20 para. 3. para 4 1971 c. 78 Sch.20 para. 3A; 1981 c. 69 Sch.16 paras. 2,10. para 5 1971 c. 78 Sch.20 para. 4. para 6 1971 c. 78 Sch.20 para 5. para 7 1971 c. 78 Sch.20 para. 6; 1981 c. 69 Sch.16 paras. 3, 10; R 33. para 8 1971 c. 78 Sch.20 para. 7, 1981 c. 69 Sch.16 paras. 4,10. Sch. 15 para. 1 Drafting para 2 1946 c. 35 s.2(4),(5). para. 3 1946 c. 35 s.2(6). para. 4 1946 c. 35 s.2(7) (part). para. 5 1946 c. 35 s.2(2),(3). para. 6 1946 c. 35 s.2(8) (part), (7) (part). para. 7 1946 c. 35 s.2(8) (part). para. 8 1946 c. 35 s.2(9) (part). para. 9 1946 c. 35 s.2(9) proviso. para. 10 1946 c. 35 s.2(10). para. 11 1946 c. 35 s.2(11). para. 12 1946 c. 35 s.2(12). para. 13 1946 c. 35 s.3(1),(7). para. 14 1946 c. 35 s.5. para. 15 1946 c. 35 s.6. para. 16 Drafting. Sch. 16 1971 c. 78 Sch. 21. Sch. 17 1971 c. 78 Sch. 22; 1980 c. 66 Sch.24 para. 20(k),(l),(m); 1985 c. 51 Sch.4 para. 50.
Subsection (3) does not apply in relation to planning permission granted by a Mayoral development order or a neighbourhood development order.
A local planning authority may decline to determine an application for planning permission for the development of any land if—
within the period of two years ending with the date on which the application is received, the Welsh Ministers have refused a similar application made to them under section ... 62M or 62O, or referred to them under section 77, or have dismissed an appeal against the refusal of a similar application; and
in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.
For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the local planning authority the same or substantially the same.
The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 78(2) in respect of an application.
A local planning authority may decline to determine a relevant application if—
any of the conditions in subsections (2) to (4) is satisfied, and
the authority think there has been no significant change in the relevant considerations since the relevant event.
The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application made to the Secretary of State under section 62A or referred to him under section 76A or 77.
The condition is that in that period the Secretary of State has dismissed an appeal—
against the refusal of a similar application, or
under section 78(2) in respect of a similar application.
The condition is that—
in that period the local planning authority have refused more than one similar application, and
there has been no appeal to the Secretary of State against any such refusal or, if there has been such an appeal, it has been withdrawn.
A local planning authority in England may also decline to determine a relevant application if—
the condition in subsection (4B) is satisfied, and
the authority think there has been no significant change in the relevant considerations since the relevant event.
The condition is that—
in the period of two years ending with the date on which the application mentioned in subsection (4A) is received the Secretary of State has refused a similar application,
the similar application was an application deemed to have been made by section 177(5), and
the land to which the application mentioned in subsection (4A) and the similar application relate is in England.
A relevant application is—
an application for planning permission for the development of any land;
an application for permission in principle for the development of any land;
an application for approval in pursuance of section 60(1A), (2), (2A) or (2B).
The relevant considerations are—
the development plan so far as material to the application;
any other material considerations.
The relevant event is—
for the purposes of subsections (2) , (4) and (4B) the refusal of the similar application;
for the purposes of subsection (3) the dismissal of the appeal.
Subject to subsection (9), an application is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.
An application within subsection (5)(a) or (b) is not similar to an earlier application within subsection (5)(aa).
A local planning authority may decline to determine an application for planning permission, or permission in principle, for the development of any land which is
made on the same day as a similar application, or
made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.
The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 62A, 76A or 77 or on an appeal under section 78 and the Secretary of State has not issued his decision.
The condition is that a similar application— and the time within which an appeal could be made to the Secretary of State under section 78 has not expired.
has been granted by the local planning authority,
has been refused by them, or
has not been determined by them within the determination period,
A local planning authority in England may also decline to determine an application for planning permission, or permission in principle, for the development of any land in England which is made at a time when the condition in subsection (4B) applies in relation to a similar application.
The condition is that—
a similar application is under consideration by the Secretary of State,
the similar application is an application deemed to have been made by section 177(5), and
the Secretary of State has not issued his decision.
An application ... is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.
The determination period is—
the period prescribed by the development order for the determination of the application, or
such longer period as the applicant and the authority have agreed for the determination of the application.
If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.
Without prejudice to the generality of section 70(1), conditions may be imposed on the grant of planning permission under that section—
for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the local planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;
for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.
A planning permission granted subject to such a condition as is mentioned in subsection (1)(b) is in this Act referred to as “planning permission granted for a limited period”.
Where— the commencement and carrying out of those operations do not constitute development for which that permission was granted.
planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition; and
any building or other operations are commenced after the time so specified,
Subsection (3)(a) does not apply to a condition attached to the planning permission by or under section 91 or 92.
Part I of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed on the grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials, and subsection (2) has effect subject to paragraph 1(6)(a) of that Schedule.
See also section 100ZA, which makes provision about restrictions on the power to impose conditions by virtue of this section on a grant of planning permission in relation to land in England.
This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
On such an application the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—
if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and
if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.
Special provision may be made with respect to such applications—
by regulations under section 62 as regards the form and content of the application, and
by a development order as regards the procedure to be followed in connection with the application.
See also section 100ZA, which makes provision about restrictions on the power to impose conditions under subsection (2) on a grant of planning permission in relation to land in England.
Nothing in this section authorises the disapplication of the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
This section does not apply if the previous planning permission was granted subject to a condition as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun.
Subsection (2D) applies where—
for the purposes of paragraph 13 of Schedule 7A a biodiversity gain plan was approved in relation to the previous planning permission (“the earlier biodiversity gain plan”),
planning permission is granted under this section, and
the conditions subject to which the planning permission is granted under this section—
do not affect the post-development value of the onsite habitat as specified in the earlier biodiversity gain plan, and
in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat within the meaning of regulations made under paragraph 18 of Schedule 7A, do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier biodiversity gain plan.
Where this subsection applies, the earlier biodiversity gain plan is regarded as approved for the purposes of paragraph 13 of Schedule 7A in relation to the planning permission granted under this section.
Nothing in this section authorises the disapplication of the condition under section 90B (condition relating to development progress reports in England).
Planning permission must not be granted under this section for the development of land in England to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—
a development must be started;
an application for approval of reserved matters (within the meaning of section 92) must be made.
A local planning authority ... may decline to determine an application for planning permission or permission in principle for the development of any land if granting planning permission for the development would involve granting, whether in relation to the whole or any part of the land to which a pre-existing enforcement notice relates, planning permission in respect of the whole or any part of the matters specified in the enforcement notice as constituting a breach of planning control.
For the purposes of the operation of this section in relation to any particular application for planning permission or permission in principle, a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.
A local planning authority in England may decline to determine an application for planning permission for the development of any land if—
the development is development of a prescribed description,
the application is made by—
a person who has previously made an application for planning permission for development of land all or any part of which is in the local planning authority’s area at the time the current application is made (“the earlier application”), or
a person who has a connection of a prescribed description with the development to which the earlier application related (“the earlier development”),
the earlier development was of a description prescribed under paragraph (a), and
subsection (2) or (3) applies to the earlier development.
This subsection applies to the earlier development if the earlier development has not begun.
This subsection applies to the earlier development if—
the earlier development has begun but has not been substantially completed, and
the local planning authority is of the opinion that the carrying out of the earlier development has been unreasonably slow.
In forming an opinion as to whether the carrying out of the earlier development has been unreasonably slow, the local planning authority must have regard to all the circumstances, including in particular—
in a case where a commencement notice under section 93G has been given, whether the development—
was begun by the date specified in the notice, and
was carried out in accordance with any timescales specified in it,
whether a completion notice was served in respect of the earlier development under section 93H or (before the coming into force of section 93H) section 94 or 96 and, if so, whether the permission granted became invalid under section 93J or (as the case may be) section 95, and
any prescribed circumstances.
Where a person applies to a local planning authority for planning permission for development of a description prescribed under subsection (1)(a), the authority may by notice require the person to provide such information, being information of a prescribed description, as the authority may specify in the notice for the purpose of its functions under this section.
If a person does not comply with a notice under subsection (5) within the period of 21 days beginning with the day on which the notice was served, the local planning authority may decline to determine the application.
If a person to whom a notice under subsection (5) is given— the person is guilty of an offence.
makes a statement purporting to comply with the notice which the person knows to be false or misleading in a material particular, or
recklessly makes such a statement which is false or misleading in a material particular,
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine.
Subsection (1) does not permit a local planning authority to decline to determine an application for planning permission to which section 73, 73A or 73B applies.
Provision may be made by a development order for regulating the manner in which applications for planning permission , or permission in principle, to develop land are to be dealt with by local planning authorities, and in particular—
for enabling the Secretary of State to give directions restricting the grant of planning permission or permission in principle by the local planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;
for authorising the local planning authority, in such cases and subject to such conditions as may be prescribed by the order or by directions given by the Secretary of State under it, to grant planning permission , or permission in principle, for development which does not accord with the provisions of the development plan;
for requiring that, before planning permission or permission in principle for any development is granted or refused, local planning authorities prescribed by the order or by directions given by the Secretary of State under it shall consult with such authorities or persons as may be so prescribed;
for requiring the local planning authority to give to any applicant for planning permission or permission in principle, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;
for requiring the local planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;
for requiring the local planning authority to give to the Secretary of State, and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for planning permission or permission in principle made to the authority, including information as to the manner in which any such application has been dealt with.
Subsection (1) is subject to the provisions of . . . sections 67(7) and 73(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
In subsection (1)—
in paragraph (c) the reference to planning permission for any development includes a reference to —
a consent, agreement or approval as mentioned in section 61DB(2), and
an approval under section 61L(2), and
a consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1), and
in paragraph (f) references to applications for planning permission include references to —
applications for consent, agreement or approval as mentioned in section 61DB(2), and
applications for approvals under section 61L(2) , and
applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).
Provision may be made by a development order—
for determining the persons to whom applications under this Act are to be sent; and
for requiring persons to whom such applications are sent to send copies to other interested persons.
Provision may be made by a development order— ...
for enabling the Mayor of London in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for a London borough—
to consult with the Mayor of London before granting or refusing an application for planning permission, or permission in principle, that is an application of a prescribed description, or
to refuse an application for planning permission, or permission in principle, of a prescribed description in any particular case;
for prohibiting a local planning authority to which any such direction is given from implementing the direction in prescribed circumstances or during prescribed periods; and
for modifying any provision of this Act relating to an appeal against a refusal of planning permission or permission in principle (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with a direction given by virtue of paragraph (a)(ii).
In subsection (1B) “prescribed” means—
prescribed by a development order, or
specified in directions made under a development order by the Secretary of State or the Mayor of London.
Matters prescribed under subsection (1B) by a development order may be prescribed by reference to the spatial development strategy, or a local plan, document which is or forms part of a minerals and waste plan or supplementary plan (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time.
In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the Mayor of London shall have regard to— so far as material to the application.
the development plan, and
the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999,
Without prejudice to the provisions of this Part as to the duration, revocation or modification of planning permission or permission in principle, any grant of planning permission or permission in principle to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested in it.
Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used.
If no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies when planning permission is granted for any development which will result in the provision—
of a building or premises to which section 4 of the Chronically Sick and Disabled Persons Act 1970 applies (buildings or premises to which the public are to be admitted whether on payment or otherwise);
of any of the following (being in each case, premises in which persons are employed to work)—
office premises, shop premises and railway premises to which the Offices, Shops and Railway Premises Act 1963 applies;
premises which are deemed to be such premises for the purposes of that Act; or
factories as defined by section 175 of the Factories Act 1961;
of a building intended for the purposes of a university, university college or college, or of a school or hall of a university;
of a building intended for the purposes of an institution within the PCFC funding sector; or
of a building intended for the purposes of a school or an institution which provides higher education or further education (or both) and is maintained or assisted by a local education authority.
The local planning authority granting the planning permission shall draw the attention of the person to whom the permission is granted—
in the case of such a building or premises as are mentioned in subsection (1)(a)—
to sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970; and
to the Code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 5810: 1979) or any prescribed document replacing that code;
in the case of such premises as are mentioned in subsection (1)(b), to sections 7 and 8A of that Act and to that code or any such prescribed document replacing it;
in the case of such a building as is mentioned in subsection (1)(c), (d) or (e), to sections 7 and 8 of that Act and to Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or any prescribed document replacing that note.
Expressions used in subsection (1)(d) and (e) and in the Education Act 1944 have the same meanings as in that Act.
A development order may include provision as to—
the form of decision notices,
the manner in which decision notices are to be given, and
the particulars to be contained in decision notices.
A decision notice must specify any plans or other documents in accordance with which the development to which it relates is to be carried out.
Where the decision notice relating to a development specifies any plans or other documents in accordance with which the development is to be carried out, the planning permission relating to the development is deemed to be granted subject to the condition that the development must be carried out in accordance with those plans or other documents.
Subsection (5) applies where, after planning permission is granted in respect of a development in Wales—
a local planning authority or the Welsh Ministers give any consent, agreement or approval required by any condition or limitation subject to which the planning permission was granted, or
such a condition or limitation is imposed, removed or altered.
The local planning authority must give a revised version of the decision notice to such persons as may be specified by a development order.
The revised version of the notice must contain such details relating to the giving of the consent, agreement or approval, or to the imposition, removal or alteration of the limitation or condition, as may be specified by a development order.
In this section “decision notice” means a notice of a decision to grant planning permission in respect of a development in Wales.
Before beginning any development to which a relevant planning permission relates, a person must give to the local planning authority notice—
stating the date on which the development is to begin;
giving details of the planning permission and of such other matters as may be specified by a development order.
A person carrying out development to which a relevant planning permission relates must display at or near the place where the development is being carried out, at all times when it is being carried out, a copy of any notice of a decision to grant it.
A notice under subsection (1) must be in the form specified by a development order; and a copy of a notice to grant planning permission displayed under subsection (2) must be in a form specified by, and must be displayed in accordance with, such an order.
A notice of a decision to grant a relevant planning permission must set out the duties imposed by subsections (1) to (3).
A relevant planning permission is deemed to be granted subject to the condition that the duties imposed by subsections (1) to (3) must be complied with.
For the purposes of this section a relevant planning permission is a planning permission of a description specified by a development order for the development of land in Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Subsection (1) applies to development carried out—
without planning permission;
in accordance with planning permission granted for a limited period; or
without complying with some condition subject to which planning permission was granted.
Planning permission for such development may be granted so as to have effect from—
the date on which the development was carried out; or
if it was carried out in accordance with planning permission granted for a limited period, the end of that period.
The Secretary of State may by development order make provision for the deemed discharge of a condition to which this section applies.
This section applies to a condition which—
has been imposed on the grant of planning permission for the development of land in England, and
requires the consent, agreement or approval of a local planning authority to any matter.
But this section does not apply to the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
Deemed discharge of a condition means that the local planning authority's consent, agreement or approval to any matter as required by the condition is deemed to have been given.
A development order which makes provision for deemed discharge of a condition must provide that the condition is deemed to be discharged only if—
a person (“the applicant”) has applied to the local planning authority for the consent, agreement or approval required by the condition,
the period for the authority to give notice of their decision on the application has elapsed without that notice having been given, and
the applicant has taken such further steps (if any) as are prescribed under subsection (5).
The Secretary of State may by development order make provision about the procedure for the deemed discharge of a planning condition and, in particular, provision—
allowing or requiring steps to be taken by the applicant or the local planning authority;
as to the time at which or period within which a step may or must be taken;
as to the time at which the deemed discharge takes effect (including for this to be determined by the applicant, subject to such limitations as may be prescribed);
for a time or period within paragraph (b) or (c) to be modified by agreement between the applicant and the local planning authority;
as to the form or content of any notice which may or must be given as part of the procedure, and as to the means by which it may or must be given.
The Secretary of State may by development order provide that provision for deemed discharge of a condition does not apply—
in relation to a condition of a prescribed description;
in relation to a condition imposed on the grant of planning permission of a prescribed description;
in relation to a condition imposed on the grant of planning permission for development of a prescribed description;
in other prescribed circumstances.
The power in subsection (6)(d) includes power to provide that provision for deemed discharge of a condition does not apply where an applicant for planning permission and the local planning authority to whom the application is made agree, before or after planning permission is granted, that it should not apply in relation to a condition imposed on the grant of permission.
The Secretary of State may by development order make provision for section 78(2) (appeals to the Secretary of State) not to apply, or to apply with modifications, where—
a person has applied for the consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission,
the local planning authority have not given notice to that person of their decision on the application within the period mentioned in section 78(2), and
the person has taken such further steps (if any) as are prescribed to bring about the deemed discharge of the planning condition.
A development order which makes provision for deemed discharge of a condition must limit the application of that provision to a condition imposed on the grant of planning permission following an application made after the development order comes into force.
In this section—
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This section applies where—
a report of the kind mentioned in section 75ZA(1) recommends the grant of planning permission or permission in principle, and
the proposed development is in an area for which a neighbourhood development plan (made under section 38A of the Planning and Compulsory Purchase Act 2004) is in force.
The report must—
set out how the plan was taken into account in making the recommendation, and
identify any points of conflict between the plan and the recommendation.
The Secretary of State may give directions requiring applications for planning permission or permission in principle, or for the approval of any local planning authority required under a development order , a local development order or a neighbourhood development order, to be referred to him instead of being dealt with by local planning authorities.
A direction under this section—
may be given either to a particular local planning authority or to local planning authorities generally; and
may relate either to a particular application or to applications of a class specified in the direction.
Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.
Subject to subsection (5)— 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.
where an application for planning permission is referred to the Secretary of State under this section, sections 70, 72(1) and (5), 73 and 73A shall apply, with any necessary modifications, as they apply to such an application which falls to be determined by the local planning authority;
where an application for permission in principle is referred to the Secretary of State under this section, section 70 shall apply, with any necessary modifications, as it applies to such an application which falls to be determined by the local planning authority;
Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the local planning authority 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.
Subsection (5) does not apply to an application for planning permission referred to a Planning Inquiry Commission under section 101.
The decision of the Secretary of State on any application referred to him under this section shall be final.
Subsection (5) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.
This section applies to— if the Secretary of State thinks that the development to which the application relates is of national or regional importance.
an application for planning permission;
an application for the approval of a local planning authority required under a development order,
The Secretary of State may direct that the application must be referred to him instead of being dealt with by the local planning authority.
If the Secretary of State gives a direction under subsection (2) he may also direct that any application— must also be referred to him instead of being dealt with by the local planning authority.
under or for the purposes of the planning Acts, and
which he thinks is connected with the application mentioned in subsection (1),
If the Secretary of State gives a direction under this section—
the application must be referred to him;
he must appoint an inspector to consider the application.
If the Secretary of State gives a direction under subsection (2) the applicant must prepare an economic impact report which must—
be in such form and contain such matter as is prescribed by development order;
be submitted to the Secretary of State in accordance with such provision as is so prescribed.
For the purposes of subsection (5) the Secretary of State may, by development order, prescribe such requirements as to publicity and notice as he thinks appropriate.
A direction under this section or section 76B may be varied or revoked by a subsequent direction.
The decision of the Secretary of State on any application referred to him under this section is final.
Regional relates to a region listed in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45).
The following provisions of this Act apply (with any necessary modifications) to an application referred to the Secretary of State under this section as they apply to an application which falls to be determined by a local planning authority—
section 70;
section 72(1) and (5);
section 73;
section 73A.
A development order may apply (with or without modifications) any requirements imposed by the order by virtue of section 65 or 71 to an application referred to the Secretary of State under this section.
This section does not apply to an application which relates to the development of land in Wales.
This section applies if the Secretary of State appoints an inspector under section 76A(4)(b) (the lead inspector).
The Secretary of State may direct the lead inspector—
to consider such matters relating to the application as are prescribed;
to make recommendations to the Secretary of State on those matters.
After considering any recommendations of the lead inspector the Secretary of State may—
appoint such number of additional inspectors as he thinks appropriate;
direct that each of the additional inspectors must consider such matters relating to the application as the lead inspector decides.
An additional inspector must—
comply with such directions as to procedural matters as the lead inspector gives;
report to the lead inspector on the matters he is appointed to consider.
A copy of directions given as mentioned in subsection (4)(a) must be given to—
the person who made the application;
the local planning authority;
any other person who requests it.
If the Secretary of State does not act under subsection (3) he must direct the lead inspector to consider the application on his own.
In every case the lead inspector must report to the Secretary of State on—
his consideration of the application;
the consideration of the additional inspectors (if any) of the matters mentioned in subsection (3)(b).
The function of the lead inspector in pursuance of subsection (2)—
may be exercised from time to time;
includes making recommendations as to the number of additional inspectors required from time to time.
The power of the Secretary of State under subsection (3) to appoint an additional inspector includes power to revoke such an appointment.
Where a local planning authority— the applicant may by notice appeal to the Secretary of State.
refuse an application for planning permission or grant it subject to conditions;
refuse an application for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission or grant it subject to conditions; or
refuse an application for permission in principle;
refuse an application for any approval of that authority required under a development order , a local development order or a neighbourhood development order or grant it subject to conditions,
A person who has made such an application to the local planning authority may also appeal to the Secretary of State if the local planning authority have done none of the following— within such period as may be prescribed by the development order or in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A (biodiversity gain in England: regulations about determinations) or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
given notice to the applicant of their decision on the application;
given notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 77,
given notice to the applicant that they have exercised their power under section 70A or 70B or 70C or 70D to decline to determine the application;
Any appeal under this section shall be made by notice served within such time and in such manner as may be prescribed by a development order or, in relation to a biodiversity gain plan specified in regulations under paragraph 16(a) of Schedule 7A.
The time prescribed for the service of such a notice must not be less than—
28 days from the date of notification of the decision; or
in the case of an appeal under subsection (2), 28 days from the end of the period prescribed as mentioned in subsection (2) or, as the case may be, the extended period mentioned in that subsection.
For the purposes of the application of sections 79(1) and (3), 253(2)(c), 266(1)(b) , 288(10)(b) , 319A(7)(b) and 319B(7)(b) in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.
A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order.
An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—
the land to which the application relates is in Wales,
granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and
on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.
An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—
the land to which the application relates is in Wales,
an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and
on the determination of that appeal, the condition was not discharged under section 177.
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Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.
A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.
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On an appeal under section 78 the Secretary of State may— and may deal with the application as if it had been made to him in the first instance.
allow or dismiss the appeal, or
reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),
Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the local 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.
On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section.
But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB.
Subsection (2) does not apply to—
an appeal referred to a Planning Inquiry Commission under section 101; or
an appeal against a decision of a local planning authority in England.
Subject to subsection (2)— anda 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.
sections70, 72(1) and (5), 73 and 73A and Part I of Schedule 5 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application within section 78(1)(a), (b) or (c) as they apply in relation to an application for planning permission which falls to be determined by the local planning authority;
section 70 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application for permission in principle as it applies in relation to such an application which falls to be determined by the local planning authority;
The decision of the Secretary of State on such an appeal shall be final.
If, before or during the determination of such an appeal in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 70 and 72(1), the development order and any directions given under that order, planning permission for that development— he may decline to determine the appeal or to proceed with the determination.
could not have been granted by the local planning authority; or
could not have been granted otherwise than subject to the conditions imposed,
Subsection (2) does not apply to an appeal to the Welsh Ministers.
Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.
If, before or during the determination of such an appeal in respect of an application for permission in principle to develop land, the Secretary of State forms the opinion that, having regard to the provisions of section 70 and the development order, permission in principle for that development could not have been granted by the local planning authority, he may decline to determine the appeal or to proceed with the determination.
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—
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
if the appellant fails to take those steps within that period, dismiss the appeal accordingly.
Sections 62(3) and (4), 65(5), 70 to 70C 70D, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 62A as they apply to an application for planning permission which is to be determined by the local planning authority.
Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1 , or by regulations under paragraph 14(3) or 16 of Schedule 7A, may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 62A.
Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 62A as they apply to an application for permission in principle which is to be determined by the local planning authority.
Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 62A.
Where an application is made to the Secretary of State under section 62A(3) instead of to the authority to whom it would otherwise have been made, a development order may apply, with or without modifications, to the application any enactment that relates to applications of that kind when made to that authority.
An application made to the Secretary of State under section 62A (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 76E.
Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may—
revoke the person's appointment; and
appoint another person to determine the application instead.
A person appointed under this section to determine an application for planning permission or permission in principle made to the Secretary of State under section 62A has the same powers and duties that the Secretary of State has under section 76C.
Where a direct application is determined by a person appointed under this section, the person's decision is to be treated as that of the Secretary of State.
Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever.
It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person's power to determine the direct application before the person's decision on the direct application is given.
Where any enactment (other than this section and section 319A)— then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person.
refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to an application made under section 62A (otherwise than by referring to the application having been made to the Secretary of State), or
refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application,
This section and section 81 apply where, in accordance with the provisions of Part V, one or more claims for compensation in respect of a planning decision have been transmitted to the Secretary of State and the claim, or (if there is more than one) one or more of the claims, has not been withdrawn.
If, in the case of a planning decision of the local planning authority, it appears to the Secretary of State that, if the application for permission to develop the land in question had been referred to him for determination, he would have made a decision more favourable to the applicant, the Secretary of State may give a direction substituting that decision for the decision of the local planning authority.
The reference in subsection (2) to a decision more favourable to the applicant shall be construed—
in relation to a refusal of permission, as a reference to a decision granting the permission, either unconditionally or subject to conditions, and either in respect of the whole of the land to which the application for permission related or in respect of part of that land; and
in relation to a grant of permission subject to conditions, as a reference to a decision granting the permission applied for unconditionally or subject to less stringent conditions.
If in any case it appears to the Secretary of State that planning permission could properly be granted (either unconditionally or subject to certain conditions) for some development of the land in question other than the development to which the application for planning permission related, the Secretary of State may give a direction that this Act shall have effect in relation to that application and to the planning decision— as may be specified in the direction.
as if the application had included an application for permission for that other development, and the decision had included the grant of planning permission (unconditionally or, as the case may be, subject to those conditions) for that development; or
as if the decision had been made by him and had included an undertaking to grant planning permission (unconditionally or, as the case may be, subject to those conditions) for that development,
Before giving a direction under section 80 the Secretary of State shall give notice in writing of his proposed direction—
to the local planning authority to whose decision that direction relates, and
to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision.
If so required by the local planning authority or by any such person, the Secretary of State shall give each of them an opportunity to appear before, and be heard by, a person appointed by the Secretary of State for the purpose.
In giving any direction under section 80, the Secretary of State shall have regard—
to the provisions of the development plan for the area in which the land in question is situated (in so far as those provisions are material to the development of that land); and
to the local circumstances affecting the proposed development, including the use which prevails generally in the case of contiguous or adjacent land; and
to any other material considerations.
Where the Secretary of State gives a direction under section 80, he shall give notice of the direction—
to the local planning authority to whose decision the direction relates; and
to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision.
The Secretary of State may direct that an application made to the Secretary of State under section 62A (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 76D.
Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—
the person, if any, appointed under section 76D to determine the application concerned,
the applicant, and
the local planning authority.
Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—
in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and
subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 76D had never applied to it.
The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.
Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—
the person, if any, previously appointed under section 76D to determine the application concerned,
the applicant, and
the local planning authority.
Where a direction is given under subsection (4) in relation to a direct application—
anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 76D to determine the application is, unless the person appointed under section 76D to determine the application directs otherwise, to be treated as having been done by that person, and
subject to that, section 76D applies to the application as if no direction under subsection (1) had been given in relation to the application.
This section applies if a person who has made an application mentioned in section 78(1)(a) or (aa) appeals to the Secretary of State under section 78(2).
At any time before the end of the additional period the local planning authority may give the notice referred to in section 78(2).
If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—
the appeal must be treated as an appeal under section 78(1) against the refusal;
the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;
the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.
If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant an application mentioned in section 78(1)(a) subject to conditions the Secretary of State must give the person making the appeal the opportunity—
to proceed with the appeal as an appeal under section 78(1) against the grant of the application subject to conditions;
to revise the grounds of the appeal;
to change any option the person has chosen relating to the procedure for the appeal.
The Secretary of State must not issue his decision on the appeal before the end of the additional period.
The additional period is the period prescribed by development order for the purposes of this section and which starts on the day on which the person appeals under section 78(2).
Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development order.
A “neighbourhood development order” is an order which grants planning permission in relation to a particular neighbourhood area specified in the order—
for development specified in the order, or
for development of any class specified in the order.
Schedule 4B makes provision about the process for the making of neighbourhood development orders, including—
provision for independent examination of orders proposed by qualifying bodies, and
provision for the holding of referendums on orders proposed by those bodies.
A local planning authority to whom a proposal for the making of a neighbourhood development order has been made—
must make a neighbourhood development order to which the proposal relates if in each applicable referendum under that Schedule more than half of those voting have voted in favour of the order, and
if paragraph (a) applies, must make the order as soon as reasonably practicable after the referendum is held and, in any event, by such date as may be prescribed.
If— the authority may (but need not) make a neighbourhood development order to which the proposal relates.
there are two applicable referendums under that Schedule (because the order relates to a neighbourhood area designated as a business area under section 61H), and
in one of those referendums (but not the other) more than half of those voting have voted in favour of the order,
A “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development order to act in relation to a neighbourhood area as a result of section 61F.
For the meaning of “neighbourhood area”, see sections 61G and 61I(1).
The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the order would breach, or would otherwise be incompatible with, any assimilated obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).
Regulations may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (8).
The regulations may in particular make provision—
for the holding of an examination,
as to the payment by a local planning authority of remuneration and expenses of the examiner,
as to the award of costs by the examiner,
as to the giving of notice and publicity,
as to the information and documents that are to be made available to the public,
as to the making of reasonable charges for anything provided as a result of the regulations,
as to consultation with and participation by the public, and
as to the making and consideration of representations (including the time by which representations must be made).
The authority must publish in such manner as may be prescribed—
their decision to act under subsection (4) or (8),
their reasons for making that decision, and
such other matters relating to that decision as may be prescribed.
The authority must send a copy of the matters required to be published to—
the qualifying body that initiated the process for the making of the order, and
such other persons as may be prescribed.
A local planning authority must publish each neighbourhood development order that they make in such manner as may be prescribed.
For the purposes of a neighbourhood development order, a parish council are authorised to act in relation to a neighbourhood area if that area consists of or includes the whole or any part of the area of the council.
If that neighbourhood area also includes the whole or any part of the area of another parish council, the parish council is authorised for those purposes to act in relation to that neighbourhood area only if the other parish council have given their consent.
For the purposes of a neighbourhood development order, an organisation or body is authorised to act in relation to a neighbourhood area if it is designated by a local planning authority as a neighbourhood forum for that area.
An organisation or body may be designated for a neighbourhood area only if that area does not consist of or include the whole or any part of the area of a parish council.
A local planning authority may designate an organisation or body as a neighbourhood forum if the authority are satisfied that it meets the following conditions—
it is established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area),
its membership is open to—
individuals who live in the neighbourhood area concerned,
individuals who work there (whether for businesses carried on there or otherwise), and
individuals who are elected members of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,
its membership includes a minimum of 21 individuals each of whom—
lives in the neighbourhood area concerned,
works there (whether for a business carried on there or otherwise), or
is an elected member of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,
it has a written constitution, and
such other conditions as may be prescribed.
A local planning authority may also designate an organisation or body as a neighbourhood forum if they are satisfied that the organisation or body meets prescribed conditions.
A local planning authority—
must, in determining under subsection (5) whether to designate an organisation or body as a neighbourhood forum for a neighbourhood area, have regard to the desirability of designating an organisation or body—
which has secured (or taken reasonable steps to attempt to secure) that its membership includes at least one individual falling within each of sub-paragraphs (i) to (iii) of subsection (5)(b),
whose membership is drawn from different places in the neighbourhood area concerned and from different sections of the community in that area, and
whose purpose reflects (in general terms) the character of that area,
may designate only one organisation or body as a neighbourhood forum for each neighbourhood area,
may designate an organisation or body as a neighbourhood forum only if the organisation or body has made an application to be designated, and
must give reasons to an organisation or body applying to be designated as a neighbourhood forum where the authority refuse the application.
A designation—
ceases to have effect at the end of the period of 5 years beginning with the day on which it is made but without affecting the validity of any proposal for a neighbourhood development order made before the end of that period, and
in the case of the designation of an unincorporated association, is not to be affected merely because of a change in the membership of the association.
A designation ceases to have effect if—
a new parish council is created or there is a change in the area of a parish council, and
as a result, the neighbourhood area for which the neighbourhood forum is designated consists of or includes the whole or any part of the area of the parish council.
The operation of subsection (8A) does not affect the validity of any proposal for a neighbourhood development order made before the event mentioned in paragraph (a) of that subsection took place.
A local planning authority may withdraw an organisation or body's designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting— and, where an organisation or body's designation is withdrawn, the authority must give reasons to the organisation or body.
the conditions by reference to which it was designated, or
any other criteria to which the authority were required to have regard in making the designation;
A proposal for a neighbourhood development order by a parish council or neighbourhood forum may not be made at any time in relation to a neighbourhood area if there is at that time another proposal by the council or forum in relation to that area that is outstanding.
Each local planning authority must make such arrangements as they consider appropriate for making people aware as to the times when organisations or bodies could make applications to be designated as neighbourhood forums for neighbourhood areas.
Regulations—
may make provision in connection with proposals made by qualifying bodies for neighbourhood development orders, and
may make provision in connection with designations (or withdrawals of designations) of organisations or bodies as neighbourhood forums (including provision of a kind mentioned in section 61G(11)(a) to (g)).
The regulations may in particular make provision—
as to the consequences of the creation of a new parish council, or a change in the area of a parish council, on any proposal made for a neighbourhood development order,
as to the consequences of the dissolution of a neighbourhood forum on any proposal for a neighbourhood development order made by it,
suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum,
for determining when a proposal for a neighbourhood development order is to be regarded as outstanding, and
requiring a local planning authority to have regard (in addition, where relevant, to the matters set out in subsection (7)(a)) to prescribed matters in determining whether to designate an organisation or body as a neighbourhood forum.
A “neighbourhood area” means an area within the area of a local planning authority in England which has been designated by the authority as a neighbourhood area; but that power to designate is exercisable only where—
a relevant body has applied to the authority for an area specified in the application to be designated by the authority as a neighbourhood area, and
the authority are determining the application (but see subsection (5)).
A “relevant body” means—
a parish council, or
an organisation or body which is, or is capable of being, designated as a neighbourhood forum (on the assumption that, for this purpose, the specified area is designated as a neighbourhood area).
The specified area—
in the case of an application by a parish council, must be one that consists of or includes the whole or any part of the area of the council, and
in the case of an application by an organisation or body, must not be one that consists of or includes the whole or any part of the area of a parish council.
In determining an application the authority must have regard to—
the desirability of designating the whole of the area of a parish council as a neighbourhood area, and
the desirability of maintaining the existing boundaries of areas already designated as neighbourhood areas.
If— the authority must exercise their power of designation so as to secure that some or all of the specified area forms part of one or more areas designated (or to be designated) as neighbourhood areas.
a valid application is made to the authority,
some or all of the specified area has not been designated as a neighbourhood area, and
the authority refuse the application because they consider that the specified area is not an appropriate area to be designated as a neighbourhood area,
The authority may, in determining any application, modify designations already made; but if a modification relates to any extent to the area of a parish council, the modification may be made only with the council's consent.
The power in subsection (6) to modify designations already made includes power—
to change the boundary of an existing neighbourhood area,
to replace an existing neighbourhood area with two or more separate neighbourhood areas, and
to replace two or more existing neighbourhood areas with a single neighbourhood area.
A neighbourhood area created by virtue of subsection (6A)(b) may have the boundary created by splitting it from the existing area or a different boundary.
A neighbourhood area created by virtue of subsection (6A)(c) may have the boundary created by combining the existing areas or a different boundary.
A modification under subsection (6) of a designation already made does not affect the continuation in force of a neighbourhood development order even though as a result of the modification—
it no longer relates to a neighbourhood area, or
it relates to more than one neighbourhood area.
The areas designated as neighbourhood areas must not overlap with each other.
A local planning authority must publish a map setting out the areas that are for the time being designated as neighbourhood areas.
If the authority refuse an application, they must give reasons to the applicant for refusing the application.
In this section “specified”, in relation to an application, means specified in the application.
Regulations may make provision in connection with the designation of areas as neighbourhood areas; and the regulations may in particular make provision—
as to the procedure to be followed in relation to designations,
as to the giving of notice and publicity in connection with designations,
as to consultation with and participation by the public in relation to designations,
as to the making and consideration of representations about designations (including the time by which representations must be made),
as to the form and content of applications for designations,
requiring an application for a designation to be determined by a prescribed date,
entitling or requiring a local planning authority in prescribed circumstances to decline to consider an application for a designation, and
about the modification of designations (including provision about the consequences of modification on proposals for neighbourhood development orders, or on neighbourhood development orders, that have already been made).
Regulations under subsection (11) may provide that where an application under this section— the local planning authority must, except in prescribed cases or circumstances, exercise their powers under this section to designate the specified area as a neighbourhood area.
meets prescribed criteria, or
has not been determined within a prescribed period,
The reference in subsection (12) to the designation of an area as a neighbourhood area includes the modification under subsection (6) of a designation already made.
Whenever a local planning authority exercise their powers under section 61G to designate an area as a neighbourhood area, they must consider whether they should designate the area concerned as a business area.
The reference here to the designation of an area as a neighbourhood area includes the modification under section 61G(6) of a designation already made.
The power of a local planning authority to designate a neighbourhood area as a business area is exercisable by the authority only if, having regard to such matters as may be prescribed, they consider that the area is wholly or predominantly business in nature.
The map published by a local planning authority under section 61G(8) must state which neighbourhood areas (if any) are for the time being designated as business areas.
The power to designate an area as a neighbourhood area under section 61G is exercisable by two or more local planning authorities in England if the area falls within the areas of those authorities.
Regulations may make provision in connection with—
the operation of subsection (1), and
the operation of other provisions relating to neighbourhood development orders (including sections 61F to 61H) in cases where an area is designated as a neighbourhood area as a result of that subsection.
The regulations may in particular make provision—
modifying or supplementing the application of, or disapplying, any of the provisions mentioned in subsection (2)(b),
applying (with or without modifications) any provision of Part 6 of the Local Government Act 1972 (discharge of functions) in cases where the provision would not otherwise apply,
requiring local planning authorities to exercise, or not to exercise, any power conferred by any provision of that Part (including as applied by virtue of paragraph (b)), and
conferring powers or imposing duties on local planning authorities.
A neighbourhood development order may make provision in relation to—
all land in the neighbourhood area specified in the order,
any part of that land, or
a site in that area specified in the order.
A neighbourhood development order may not provide for the granting of planning permission for any development that is excluded development.
For the meaning of “excluded development”, see section 61K.
A neighbourhood development order may not grant planning permission for any development in any particular case where planning permission is already granted for that development in that case.
A neighbourhood development order may not relate to more than one neighbourhood area.
Subsection (5) is subject to section 61G(6D) (effect of modification of existing neighbourhood area).
A neighbourhood development order may make different provision for different cases or circumstances.
The following development is excluded development for the purposes of section 61J—
development that consists of a county matter within paragraph 1(1)(a) to (h) of Schedule 1,
development that consists of the carrying out of any operation, or class of operation, prescribed under paragraph 1(j) of that Schedule (waste development) but that does not consist of development of a prescribed description,
development that falls within Annex 1 to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time),
development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008),
prescribed development or development of a prescribed description, and
development in a prescribed area or an area of a prescribed description.
Planning permission granted by a neighbourhood development order may be granted—
unconditionally, or
subject to such conditions or limitations as are specified in the order.
The conditions that may be specified include—
obtaining the approval of the local planning authority who made the order but not of anyone else, and
provision specifying the period within which applications must be made to a local planning authority for the approval of the authority of any matter specified in the order.
Regulations may make provision entitling a parish council in prescribed circumstances to require any application for approval under subsection (2) of a prescribed description to be determined by them instead of by a local planning authority.
The regulations may in particular make provision—
as to the procedure to be followed by parish councils in deciding whether to determine applications for approvals (including the time by which the decisions must be made),
requiring parish councils in prescribed circumstances to cease determining applications for approvals,
conferring powers or imposing duties on local planning authorities,
treating parish councils as local planning authorities (instead of, or in addition to, the authorities) for the purposes of the determination of applications for approvals (subject to such exceptions or modifications in the application of any enactment as may be prescribed),
applying any enactment relating to principal councils within the meaning of section 270 of the Local Government Act 1972 for those purposes (with or without modifications), and
disapplying, or modifying the application of, any enactment relating to parish councils for those purposes.
A neighbourhood development order may provide for the granting of planning permission to be subject to the condition that the development begins before the end of the period specified in the order.
Regulations may make provision as to the periods that may be specified in neighbourhood development orders under subsection (5).
If— the development may, despite the withdrawal of the permission, be completed.
planning permission granted by a neighbourhood development order for any development is withdrawn by the revocation of the order under section 61M, and
the revocation is made after the development has begun but before it has been completed,
But an order under section 61M revoking a neighbourhood development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.
The Secretary of State may by order revoke a neighbourhood development order.
A local planning authority may, with the consent of the Secretary of State, by order revoke a neighbourhood development order that they have made.
If a neighbourhood development order is revoked, the person revoking the order must state the reasons for the revocation.
A local planning authority may at any time by order modify a neighbourhood development order that they have made for the purpose of correcting errors.
A local planning authority may at any time by order modify a neighbourhood development order they have made if they consider that the modification does not materially affect any planning permission granted by the order.
If the qualifying body that initiated the process for the making of the neighbourhood development order mentioned in subsection (4) or (4A) is still authorised at that time to act for the purposes of a neighbourhood development order in relation to the neighbourhood area concerned, the power under subsection (4) or (4A) is exercisable only with that body's consent.
A modification of a neighbourhood development order is to be done by replacing the order with a new one containing the modification.
Regulations may make provision in connection with the revocation or modification of a neighbourhood development order.
The regulations may in particular make provision—
for the holding of an examination in relation to a revocation proposed to be made by the authority,
as to the payment by a local planning authority of remuneration and expenses of the examiner,
as to the award of costs by the examiner,
as to the giving of notice and publicity in connection with a revocation or modification,
as to the information and documents relating to a revocation or modification that are to be made available to the public,
as to the making of reasonable charges for anything provided as a result of the regulations,
as to consultation with and participation by the public in relation to a revocation, and
as to the making and consideration of representations about a revocation (including the time by which representations must be made).
A court may entertain proceedings for questioning a decision to act under section 61E(4) or (8) only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the decision is published.
A court may entertain proceedings for questioning a decision under paragraph 12 of Schedule 4B (consideration by local planning authority of recommendations made by examiner etc) or paragraph 13B of that Schedule (intervention powers of Secretary of State) only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the decision is published.
A court may entertain proceedings for questioning anything relating to a referendum under paragraph 14 or 15 of Schedule 4B only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the result of the referendum is declared.
Local planning authorities must have regard to any guidance issued by the Secretary of State in the exercise of any function under any provision relating to neighbourhood development orders (including any function under any of sections 61F to 61H).
Regulations may make provision regulating the arrangements of a local planning authority for the making of any prescribed decision under any provision relating to neighbourhood development orders (including under any of sections 61F to 61H).
The provision made by the regulations is to have effect despite provision made by any enactment as to the arrangements of a local planning authority for the exercise of their functions (such as section 101 of the Local Government Act 1972 or section 13 of the Local Government Act 2000).
Schedule 4C makes provision in relation to a particular type of neighbourhood development order (a community right to build order).
A process may be initiated by or on behalf of a qualifying group for the purpose of requiring the Secretary of State to make a street vote development order.
A “street vote development order” is an order which grants planning permission in relation to a particular street area specified in the order—
for development specified in the order, or
for development of any description or class specified in the order.
A “qualifying group”, in relation to a street vote development order, is a group of individuals—
each of whom on the prescribed date meet the conditions in subsection (2), and
comprised of at least—
the prescribed number, or
the prescribed proportion of persons of a prescribed description.
The conditions are that the individual—
is entitled to vote in—
an Authority election, where any part of the street area to which the street vote development order would relate is within the City of London, or
an election of councillors of any relevant council (other than the City of London) any part of whose area is within the street area to which the street vote development order would relate,
has a qualifying address for that election which is in the street area that the street vote development order would relate to, and
does not have an anonymous entry in the register of local government electors.
A “relevant council” means—
a district council,
a London borough council,
a metropolitan district council, or
a county council in relation to any area in England for which there is no district council.
For the purposes of this section—
“anonymous entry” is to be construed in accordance with section 9B of the Representation of the People Act 1983;
“Authority election” has the meaning given by section 203(1) of the Representation of the People Act 1983;
the Inner Temple and the Middle Temple are to be treated as forming part of the City of London;
“qualifying address” has the meaning given by section 9 of the Representation of the People Act 1983.
A “street area” means an area in England—
which is of a prescribed description, and
no part of which is within an excluded area.
An “excluded area” means—
a National Park or the Broads;
an area comprising a world heritage property and its buffer zone as identified in accordance with the Operational Guidelines for the Implementation of the World Heritage Convention as published from time to time;
an area notified as a site of special scientific interest under section 28 of the Wildlife and Countryside Act 1981;
an area designated as an area of outstanding natural beauty under section 82 of the Countryside and Rights of Way Act 2000;
an area identified as green belt land, local green space or metropolitan open land in a development plan;
a European site within the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);
such other area as may be specified or described in regulations made by the Secretary of State.
In this section, “a world heritage property” means a property appearing on the World Heritage List (published in accordance with Article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted on 16 November 1972).
The Secretary of State must make regulations (“SVDO regulations”) which make provision about the preparation and making of a street vote development order.
SVDO regulations must, in particular, make provision—
for the appointment by the Secretary of State of a person to— (and for the above purposes the same or different persons may be appointed);
handle proposals made under section 61QA(1) (“street vote proposals”) or specified aspects of those proposals,
carry out the independent examination of such proposals, and
to make street vote development orders on the Secretary of State’s behalf,
as to the circumstances in which a street vote development order may be made and in particular must make provision requiring a referendum under section 61QE to be held before an order may be made.
SVDO regulations may, in particular, include provision as to—
the functions of a qualifying group in relation to a street vote proposal and how those functions are to be discharged (including provision for a member of the group or another prescribed person to be responsible for discharging them);
the form and content of a street vote proposal;
the information and documents (if any) which must accompany a street vote proposal;
the circumstances and the way in which a proposal may be withdrawn;
the steps that must be taken, and the conditions that must be met, before a proposal falls to be considered by an appointed person;
the circumstances in which an appointed person may or must decline to consider or reject a proposal;
the steps that must be taken, and the conditions that must be met, before a proposal falls to be independently examined;
the functions of the independent examination in relation to the proposal;
the circumstances in which an appointed person may terminate the independent examination (including provision as to the procedure for doing so);
the procedure to be followed at an examination (including provision regarding the procedure to be followed at any hearing or inquiry or provision designating the hearing or inquiry as a statutory inquiry for the purposes of section 9 of the Tribunals and Inquiries Act 1992);
the power to summons witnesses at any inquiry (including by applying, with or without modifications, section 250(3) and (4) of the Local Government Act 1972);
the award of costs in connection with an examination;
the steps to be taken following the independent examination (including provision for prescribed modifications to be made to the draft street vote development order);
the payment by a local planning authority of remuneration and expenses relating to the examination;
the functions of local planning authorities, or other authorities, in connection with street vote development orders (including provision regulating the arrangements of authorities for the discharge of those functions);
cases where there are two or more local planning authorities any of whose area falls within the area of the street area that the proposal relates to (including provision modifying functions of the local planning authorities under the regulations in such cases or provision applying, with or without modifications, any provision of Part 6 of the Local Government Act 1972 in cases where the provision would not otherwise apply);
requirements about the giving of notice and publicity;
the information and documents that are to be made available to the public;
consultation with and participation by the public or prescribed persons;
the making and consideration of representations;
the determination of the time by or at which anything must be done in connection with street vote development orders;
the provision by any person of prescribed information or documents or prescribed descriptions of information or documents in connection with a street vote development order;
the making of reasonable charges for anything done in connection with street vote development orders;
when a court may entertain proceedings for questioning prescribed decisions to act or any other prescribed matter.
SVDO regulations may make provision about referendums held in connection with street vote development orders and may, in particular, include provision—
as to the circumstances in which an appointed person or the Secretary of State may direct relevant councils to carry out a referendum in relation to a street vote development order;
the functions of such councils in relation to the referendum;
dealing with any case where there are two or more relevant councils any of whose area falls within the area in which a referendum is to take place (including provision for only one council to carry out functions in relation to the referendum in such a case);
prescribing a date by which the referendum must be held or before which it cannot be held;
as to the question to be asked in the referendum and any explanatory material in relation to that question;
as to voter eligibility for the referendum;
as to the publicity to be given in connection with the referendum;
as to the provision of prescribed information to voters in connection with the referendum (including information about any infrastructure levy or community infrastructure levy which is chargeable in respect of development under a street vote development order);
about the limitation of expenditure in connection with the referendum;
as to the conduct of the referendum;
as to when, where and how voting in the referendum is to take place;
as to how the votes cast are to be counted;
about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a street vote development order;
about the combination of polls at the referendum with polls at another referendum or at any election;
as to the threshold of votes that must be met before a street vote development order may be made.
For the purposes of making provision within subsection (1), SVDO regulations may apply or incorporate (with or without modifications) any provision made by or under any enactment relating to elections or referendums.
But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision.
Before making provision within this section, the Secretary of State must consult the Electoral Commission.
In this section “enactment” means an enactment, whenever passed or made.
SVDO regulations may—
provide for exemptions (including exemptions which are subject to prescribed conditions);
confer a function, including a function involving the exercise of a discretion, on any person.
A street vote development order may make provision in relation to—
all land in the street area specified in the order,
any part of that land, or
a site in that area specified in the order.
A street vote development order may only provide for the granting of planning permission for any development that—
is prescribed development or development of a prescribed description or class,
is not excluded development, and
satisfies any further prescribed conditions.
A street vote development order may make different provision for different purposes.
The following development is excluded development for the purposes of section 61QG(2)(b) —
development of a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;
Schedule 1 development as defined by regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571);
development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008);
development of a listed building within the meaning given by section 1(5) of the Planning (Listed Buildings and Conservation) Areas Act 1990;
development consisting of the winning and working of minerals;
such other development as may be specified or described in regulations made by the Secretary of State.
The granting of planning permission by a street vote development order is subject to—
any prescribed conditions or limitations or conditions or limitations of a prescribed description, and
such other conditions or limitations as may be specified in the order (but see subsections (4) and (5)).
The conditions that may be specified include a condition that unless a relevant obligation is entered into—
the development authorised by the planning permission or any description of such development must not be begun, or
anything created in the course of the development authorised by the planning permission may not be occupied or used for any purpose.
A relevant obligation for the purposes of subsection (2) includes an obligation which involves the payment of money or affects any estate or interest in, or rights over, land.
But an order may only specify a condition that a person enter into an obligation under section 106 if the obligation—
is necessary to make the development specified in the order acceptable in planning terms,
is directly related to the development,
is fairly and reasonably related in scale and kind to the development, and
satisfies such other requirements as may be specified in regulations made by the Secretary of State.
The Secretary of State may by regulations provide that—
conditions or limitations of a prescribed description may not be imposed under subsection (1)(b),
conditions or limitations of a prescribed description may only be imposed under subsection (1)(b) in circumstances of a prescribed description, or
no conditions or limitations may be imposed under subsection (1)(b) in circumstances of a prescribed description.
A condition or limitation prescribed under subsection (1)(a) may confer a function on any person, including a function involving the exercise of a discretion.
If— the development may, despite the withdrawal of the permission, be completed.
planning permission granted by a street vote development order for any development is withdrawn by the revocation of the order under section 61QJ, and
the revocation is made after the development has begun but before it has been completed,
But an order under section 61QJ revoking a street vote development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.
In this section “relevant obligation” means—
an obligation under section 106 (planning obligations), or
an agreement under section 278 of the Highways Act 1980 (agreements as to execution of works).
The Secretary of State may by order revoke or modify a street vote development order.
A local planning authority may, with the consent of the Secretary of State, by order revoke a street vote development order relating to a street area any part of which falls within the area of that authority.
If a street vote development order is revoked, the person revoking the order must state the reasons for the revocation.
An appointed person may at any time by order modify a street vote development order for the purpose of correcting errors.
A modification of a street vote development order is to be done by replacing the order with a new one containing the modification.
Regulations may make provision in connection with the revocation or modification of a street vote development order.
The regulations may, in particular, include provision as to—
the giving of notice and publicity in connection with a revocation or modification;
the information and documents relating to a revocation or modification that are to be made available to the public;
the making of reasonable charges for anything provided as a result of the regulations;
consultation with and participation by the public in relation to a revocation or modification;
the making and consideration of representations about a revocation or modification (including the time by which representations must be made).
The Secretary of State may do anything that the Secretary of State considers appropriate—
for the purpose of publicising or promoting the making of street vote development orders and the benefits expected to arise from their making, or
for the purpose of giving advice or assistance to anyone in relation to the making of street vote proposals or the doing of anything else for the purposes of, or in connection with, such proposals or street vote development orders.
The things that the Secretary of State may do under this section include, in particular—
the provision of financial assistance (or the making of arrangements for its provision) to any body or other person, and
the making of agreements or other arrangements with any body or other person (under which payments may be made to the person).
In this section—
the reference to giving advice or assistance includes providing training or education;
any reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).
The Secretary of State may by regulations make provision modifying the application of Schedule 7A (biodiversity gain in England) in relation to planning permission granted by a street vote development order.
In sections 61QA to 61QL—
A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.
The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission—
for development specified in the scheme, or
for development of any class so specified.
Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.
Every local planning authority shall consider, as soon as practicable after 2nd November 1987, the question for which part or parts of their area a simplified planning zone scheme is desirable, and then shall keep that question under review.
If as a result of their original consideration or of any such review a local planning authority decide that it is desirable to prepare a scheme for any part of their area they shall do so; and a local planning authority may at any time decide—
to make a simplified planning zone scheme, or
to alter a scheme adopted by them, or
with the consent of the Secretary of State, to alter a scheme approved by him.
Schedule 7 has effect with respect to the making and alteration of simplified planning zone schemes and other related matters.
A simplified planning zone scheme for an area in Wales must be in general conformity with—
the National Development Framework for Wales (see sections 60 to 60C of the Planning and Compulsory Purchase Act 2004), and
the strategic development plan for any ... area that includes all or part of the simplified planning zone (see sections 60M and 60N of that Act).
In this section and in Schedule 7 references to a regional strategy are to a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009
The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—
conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted, and
conditions or limitations requiring the consent, agreement or approval of the local planning authority in relation to particular descriptions of permitted development.
Different conditions or limitations may be specified in a simplified planning zone scheme for different cases or classes of case.
Nothing in a simplified planning zone scheme shall affect the right of any person—
to do anything not amounting to development, or
to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme.
No limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.
A simplified planning zone scheme may not disapply the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of 10 years beginning with that date.
When the scheme ceases to have effect planning permission under it shall also cease to have effect except in a case where the development authorised by it has been begun.
This section applies where alterations to a simplified planning zone scheme are adopted or approved.
The adoption or approval of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land, or such part of it as is specified in the scheme, planning permission for development so specified or of any class so specified.
The adoption or approval of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.
The adoption or approval of alterations providing for the withdrawal or relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions immediately.
The adoption or approval of alterations providing for— has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of 12 months beginning with the date of the adoption or approval.
the exclusion of land from the simplified planning zone,
the withdrawal of planning permission, or
the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,
The adoption or approval of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun.
The following descriptions of land may not be included in a simplified planning zone—
land in a National Park;
land in a conservation area;
land within the Broads;
land in an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty;
land identified in the development plan for the district as part of a green belt;
land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981).
Where land included in a simplified planning zone becomes land of a description mentioned in subsection (1), that subsection does not operate to exclude it from the zone.
The Secretary of State may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—
in relation to an area of land specified in the order or to areas of land of a description so specified, or
for development of a description specified in the order.
An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An order designating an enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980 shall (without more) have effect on the date on which the order designating the zone takes effect to grant planning permission for development specified in the scheme or for development of any class so specified.
The approval of a modified scheme under paragraph 11 of that Schedule shall (without more) have effect on the date on which the modifications take effect to grant planning permission for development specified in the modified scheme or for development of any class so specified.
Planning permission so granted shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or, if none is specified, shall be unconditional.
Subject to subsection (5), where planning permission is so granted for any development or class of development the enterprise zone authority may direct that the permission shall not apply in relation—
to a specified development; or
to a specified class of development; or
to a specified class of development in a specified area within the enterprise zone.
Subsection (3) is subject to paragraph 13 of Schedule 7A (biodiversity gain condition).
An enterprise zone authority shall not give a direction under subsection (4) unless—
they have submitted it to the Secretary of State, and
he has notified them that he approves of their giving it.
If the scheme or the modified scheme specifies, in relation to any development it permits, matters which will require approval by the enterprise zone authority, the permission shall have effect accordingly.
The Secretary of State may by regulations make provision as to—
the procedure for giving a direction under subsection (4); and
the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in subsection (6).
Such regulations may modify any provision of the planning Acts or any instrument made under them or may apply any such provision or instrument (with or without modification) in making any such provision as is mentioned in subsection (7).
Nothing in this section prevents planning permission being granted in relation to land in an enterprise zone otherwise than by virtue of this section (whether the permission is granted in pursuance of an application ... or by a development order , a local development order or a neighbourhood development order).
Nothing in this section prejudices the right of any person to carry out development apart from this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modifications to an enterprise zone scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the modifications take effect.
When an area ceases to be an enterprise zone, planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.
Where— the person must carry out consultation on the proposed application in accordance with subsections (2) and (3).
a person proposes to make an application for planning permission , or permission in principle, for the development of any land in England, and
the proposed development is of a description specified in a development order,
The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.
The person must consult each specified person about the proposed application.
Publicity under subsection (2) must—
set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and
give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.
In subsection (3) “specified person” means a person specified in, or of a description specified in, a development order.
Subsection (1) does not apply—
if the proposed application is an application under section 293A 293B, or
in cases specified in a development order.
A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.
Subsection (2) applies where a person—
has been required by section 61W(1) to carry out consultation on a proposed application for planning permission or permission in principle, and
proposes to go ahead with making an application for planning permission or permission in principle (whether or not in the same terms as the proposed application).
The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received.
A development order may make provision about, or in connection with, consultation which section 61W(1) requires a person to carry out on a proposed application for planning permission or permission in principle.
The provision that may be made under subsection (1) includes (in particular)—
provision about, or in connection with, publicising the proposed application;
provision about, or in connection with, the ways of responding to the publicity;
provision about, or in connection with, consultation under section 61W(3);
provision about, or in connection with, collaboration between the person and others on the design of the proposed development;
provision as to the timetable (including deadlines) for—
compliance with section 61W(1),
responding to publicity under section 61W(2), or
responding to consultation under section 61W(3);
provision for the person to prepare a statement setting out how the person proposes to comply with section 61W(1);
provision for the person to comply with section 61W(1) in accordance with a statement required by provision under paragraph (f).
Provision under subsection (1) may be different for different cases.
This section applies where—
a person (the “applicant”) proposes to make an application for planning permission for the development of land within the area of a local planning authority in Wales, and
the proposed development is development of a description specified in a development order.
The applicant must carry out consultation on the proposed application in accordance with subsections (3) and (4).
The applicant must publicise the proposed application in such manner as the applicant reasonably considers likely to bring it to the attention of a majority of the persons who own or occupy premises in the vicinity of the land.
The applicant must consult each specified person about the proposed application.
Publicity under subsection (3) must—
set out how the applicant may be contacted by persons wishing to comment on the proposed development;
give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.
For the purposes of subsection (4), a specified person is a person specified in, or a person of a description specified in, a development order.
Subsection (2) does not apply—
if the proposed application is an application under section 293A, or
in cases specified in a development order.
A development order may make provision about, or in connection with, consultation required to be carried out under this section (including by way of publicising an application under subsection (3)).
That provision may include —
provision about how the consultation is to be carried out (including about the form and content of documents, and information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation);
provision about responding to the consultation (including provision requiring a person consulted to respond to the consultation, or to respond to the consultation in a particular way, or to respond within a particular time);
provision about the timetable (including deadlines) for consultation;
provision for a person consulted by virtue of subsection (4) to make a report to the Welsh Ministers about the person's compliance with any requirement imposed by virtue of paragraph (b) or (c) (including provision as to the form and content of the report and the time at which it is to be made).
The Welsh Ministers may by regulations make provision for and in connection with the provision of pre-application services by a local planning authority in Wales or the Welsh Ministers.
Regulations under this section may, in particular, make provision—
about circumstances in which pre-application services are required to be provided (including provision about the form and content of requests for pre-application services, and information that is to accompany a request);
about the nature of the services required to be provided, and when and how they are to be provided;
for information and documents relating to services provided under the regulations, or relating to requests for such services, to be published or otherwise made available to the public, or to persons specified in the regulations, by a local planning authority or the Welsh Ministers;
about other steps required to be taken by any person in connection with, or for the purposes of, the provision of services under the regulations.
References in this section and section 61Z2 to pre-application services are to services provided to a person, in respect of a qualifying application proposed to be made by the person in respect of the development of land in Wales, for the purpose of assisting the person in making the application.
A “qualifying application” is an application, under or by virtue of this Part, that is of a description specified in regulations made by the Welsh Ministers.
The Welsh Ministers may by regulations make provision requiring—
records to be kept of requests for pre-application services;
records to be kept of pre-application services provided;
a statement, giving information about the range of pre-application services provided by an authority or the Welsh Ministers, to be prepared and published or otherwise made available.
The regulations may, in particular, include provision about—
the form and content of the records to be kept;
the form and content of the statement;
the way in which records are to be kept;
the publication of the statement and the persons to whom, and circumstances in which, it is to be made available.
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Where the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority or National Park authority, or by statutory undertakers who are not a local authority or National Park authority, that department may, on granting that authorisation, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
On granting or varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State or the Welsh Ministers may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—
so much of the operation or change of use to which the consent relates as constitutes development;
any development ancillary to the operation or change of use to which the consent relates.
The provisions of this Act (except section 100ZA and Part XII) shall apply in relation to any planning permission deemed to be granted by virtue of a direction under this section as if it had been granted by the Secretary of State on an application referred to him under section 77 (so that section 71ZA applies as if references to the decision notice were to the direction).
On varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State or the Welsh Ministers may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—
a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;
a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;
a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted.
On making an order under section 1 or 3 of the Transport and Works Act 1992 which includes provision for development, the Secretary of State may direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
For the purposes of this section development is authorised by a government department if— and references in this section to the authorisation of a government department shall be construed accordingly.
any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;
a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;
consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;
authority is given by the department—
for the borrowing of money for the purpose of the development, or
for the application for that purpose of any money not otherwise so applicable; or
any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants;
In subsection (2), the reference to ancillary development, in the case of a consent relating to the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station.
Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (special regard to listed buildings) applies to a government department or the Secretary of State in considering whether to make a direction under this section as it applies to the Secretary of State in considering whether to grant planning permission.
In this section, references to England or Wales include—
waters adjacent to England or Wales up to the seaward limits of the territorial sea, and
a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.
In this section “electric line”, “extension”, “generating station” and “Renewable Energy Zone” have the same meanings as in Part 1 of the Electricity Act 1989.
Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—
the applicable period, beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or
such other period (whether longer or shorter) beginning with that date as the authority concerned with the terms of planning permission may direct.
The period mentioned in subsection (1)(b) shall be a period which the authority consider appropriate having regard to the provisions of the development plan and to any other material considerations.
If planning permission is granted without the condition required by subsection (1), it shall (subject to subsections (3ZA) and (3ZB)) be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of the applicable period, beginning with the date of the grant.
Nothing in this section applies—
to any planning permission granted by a development order , a local development order or a neighbourhood development order;
to any planning permission granted for development carried out before the grant of that permission;
to any planning permission granted for a limited period;
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—
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
the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;
to any planning permission granted by an enterprise zone scheme;
to any planning permission granted by a simplified planning zone scheme; or
to any outline planning permission, as defined by section 92.
Subsection (3ZB) applies if—
a section 73 permission is granted for the development of land in Wales, but without the condition required by subsection (1), and
the previous permission was granted, or deemed to have been granted (whether by virtue of this section or otherwise) subject to a condition as to the time within which development was to be begun.
The section 73 permission shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the date on or before which the previous permission required development to be begun.
The previous permission, in relation to a section 73 permission, is the previous planning permission referred to in section 73(1).
References in subsections (3ZA) to (3ZC) to a section 73 permission are to a planning permission granted under section 73.
In subsections (3B) to (3BB)—
If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.
If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.
If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.
Any extension of a period under subsection (3B), (3BA) or (3BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).
Any extension of a period under subsection (3BA) is to run consecutively to the previous extension of the period under subsection (3B) (if they would otherwise overlap).
Any extension of a period under subsection (3BB) is to run consecutively to the previous extension of the period under subsection (3B) and any previous extension of the period under subsection (3BA) (if they would otherwise overlap).
The references in subsections (3BA) and (3BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).
Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted.
The applicable period—
in relation to England, is three years;
in relation to Wales, is five years.
In this section and section 91 “outline planning permission” means planning permission granted, in accordance with the provisions of a development order, with the reservation for subsequent approval by the local planning authority, the Welsh Ministers or the Secretary of State of matters not particularised in the application (“reserved matters”).
Subject to the following provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the effect—
that, in the case of any reserved matter, application for approval must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission; and
that, in the case of outline planning permission for the development of land in England, the development to which the permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved;
the expiration of five years from the date of the grant of outline planning permission; or
if later, the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
that, in the case of outline planning permission for the development of land in Wales, the development must be begun no later than—
the expiration of five years from the date of the grant of outline planning permission, or
if later, the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
If outline planning permission is granted without the conditions required by subsection (2), it shall (subject to subsections (3A) to (3D)) be deemed to have been granted subject to those conditions.
The authority concerned with the terms of an outline planning permission may, in applying subsection (2), substitute, or direct that there be substituted, for the periods ... referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.
If outline planning permission is granted under section 73 for the development of land in Wales, but without the condition required by subsection (2)(a), it shall be deemed to have been granted subject to the following condition.
The condition is that, in the case of any reserved matter, application for approval must be made not later than the date on or before which the previous permission required application for approval, in the case of any matter reserved under the previous permission, to be made.
They may also specify, or direct that there be specified, separate periods under paragraph (a) of subsection (2) in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) or (c) of that subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.
In considering whether to exercise their powers under subsections (4) and (5), the authority shall have regard to the provisions of the development plan and to any other material considerations.
If outline planning permission is granted under section 73 for the development of land in Wales, but without a condition required by subsection (2)(c), it shall be deemed to have been granted subject to the following condition.
The condition is that the development to which the permission relates must be begun not later than the date on or before which the previous permission required development to be begun.
The previous permission, in relation to outline planning permission granted under section 73, is the previous planning permission referred to in subsection (1) of that section.
The authority referred to in section 91(1)(b) or 92(4) is—
the local planning authority, the Welsh Ministers or the Secretary of State, in the case of planning permission granted by them,
in the case of planning permission deemed to be granted under section 90(1), the department on whose direction planning permission is deemed to be granted, and
in the case of planning permission deemed to be granted under section 90(2), the Secretary of State.
For the purposes of section 92, a reserved matter shall be treated as finally approved—
when an application for approval is granted, or
in a case where the application is made to the local planning authority and on an appeal to the Secretary of State against the authority’s decision on the application the Secretary of State grants the approval, when the appeal is determined.
Where a local planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of section 91 or 92 to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 78 against the decision of the authority.
In the case of planning permission (whether outline or other) which has conditions attached to it by or under section 91 or 92—
development carried out after the date by which the conditions require it to be carried out shall be treated as not authorised by the permission; and
an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.
This section applies where a person is given permission by a court to bring proceedings challenging the validity, in respect of the development of land in England, of—
a grant (or deemed grant) of outline planning permission, or
the approval of reserved matters under such a permission.
Any reserved matters application period or implementation period that is running when the court gives permission to bring the proceedings is extended by one year.
If a party to the proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by one year.
If a party to the proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by two years.
Any extension of a period under subsection (2), (3) or (4) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).
Any extension of a period under subsection (3) is to run consecutively to the previous extension of the period under subsection (2) (if they would otherwise overlap).
Any extension of a period under subsection (4) is to run consecutively to the previous extension of the period under subsection (2) and any previous extension of the period under subsection (3) (if they would otherwise overlap).
For the purposes of subsections (2) to (4), an implementation period that is determined by reference to an approval of a reserved matter starts to run when the reserved matters application is made (and the reserved matters application period ceases to run at that point).
Subsection (10) applies if a reserved matters application is made without taking advantage of an extension under this section.
Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of days by which the reserved matters application period is extended under this section.
Subsection (12) applies if a reserved matters application period is extended (or further extended) under this section and the reserved matters application is made taking advantage of the extension but before the end of the period as extended.
Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of whole days remaining in the reserved matters application period (as extended) when the reserved matters application is made.
In this section—
In this section, references to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).
This section applies where—
by virtue of section 91 or 92, a planning permission in relation to land in Wales is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed; or
development has been begun in accordance with planning permission under a simplified planning zone scheme in Wales but has not been completed by the time the area ceases to be a simplified planning zone; or
development has been begun in accordance with planning permission under an enterprise zone scheme in Wales but has not been completed by the time the area ceases to be an enterprise zone ; ...
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If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (“a completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice.
The period so specified must not be less than 12 months after the notice takes effect.
A completion notice shall be served—
on the owner of the land,
on the occupier of the land, and
on any other person who in the opinion of the local planning authority will be affected by the notice.
The local planning authority may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect.
If they do so they shall immediately give notice of the withdrawal to every person who was served with the completion notice.
A completion notice served in respect of land in Wales shall not take effect unless and until it is confirmed by the Secretary of State.
In confirming a completion notice the Secretary of State may substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.
If, within such period as may be specified in a completion notice (which must not be less than 28 days from its service) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall give him and the local planning authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice (whether the original period specified under section 94(2) or a longer period substituted by the Secretary of State under subsection (2)).
Subsection (4) shall not affect any permission so far as development carried out under it before the end of the period mentioned in that subsection is concerned.
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If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land in Wales, he may himself serve such a notice.
A completion notice served by the Secretary of State shall have the same effect as if it had been served by the local planning authority.
The Secretary of State shall not serve such a notice without consulting the local planning authority.
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If it appears to the local planning authority that it is expedient to revoke or modify— the authority may by order revoke or modify the permission to such extent as they consider expedient.
any permission (including permission in principle) to develop land granted on an application made under this Part or, in relation to England, Part 13, or
any permission in principle granted by a development order,
In exercising their functions under subsection (1) the authority shall have regard to the development plan and to any other material considerations.
The power conferred by this section may be exercised—
in the case of planning permission that relates to the carrying out of building or other operations, at any time before those operations have been completed;
in the case of planning permission that relates to a change of the use of any land, at any time before the change has taken place.
The revocation or modification of planning permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.
References in this section to the local planning authority are to be construed in relation to development consisting of the winning and working of minerals as references to the mineral planning authority, . . ..
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—
consisting of the winning and working of minerals; or
involving the depositing of refuse or waste materials.
Subsection (1) does not permit the revocation or modification of the condition under paragraph 13 of Schedule 7A (the biodiversity gain condition), subject as follows.
The Secretary of State may by regulations make provision—
for the condition under paragraph 13 of Schedule 7A to apply in relation to the modification of planning permission under this section, subject to such modifications as may be specified in the regulations;
for planning permission modified under this section to be subject to other conditions relating to meeting the biodiversity gain objective referred to in paragraph 2 of Schedule 7A (including conditions of a kind referred to in paragraph 20(3) of that Schedule).
Subsection (1) does not permit the revocation or modification of the condition under section 90B (condition relating to development progress reports in England).
Except as provided in section 99, an order under section 97 shall not take effect unless it is confirmed by the Secretary of State.
Where a local planning authority submit such an order to the Secretary of State for confirmation, they shall serve notice on—
the owner of the land affected,
the occupier of the land affected, and
any other person who in their opinion will be affected by the order.
The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
If within that period such a person so requires, before the Secretary of State confirms the order he shall give such an opportunity both to him and to the local planning authority.
The period referred to in subsection (3) must not be less than 28 days from the service of the notice.
The Secretary of State may confirm an order submitted to him under this section either without modification or subject to such modifications as he considers expedient.
This section applies where—
the local planning authority have made an order under section 97; and
the owner and the occupier of the land and all persons who in the authority’s opinion will be affected by the order have notified the authority in writing that they do not object to it.
Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify—
the period within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose; and
the period at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section without being confirmed by the Secretary of State.
The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(b).
The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears.
The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a).
The authority shall send a copy of any advertisement published under subsection (2) to the Secretary of State not more than three days after the publication.
If— the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Secretary of State as required by section 98(1).
no person claiming to be affected by the order has given notice to the Secretary of State under subsection (2)(a) within the period referred to in that subsection, and
the Secretary of State has not directed within that period that the order be submitted to him for confirmation,
This section does not apply—
to an order revoking or modifying a planning permission or permission in principle granted or deemed to have been granted by the Secretary of State or the Welsh Ministers under this Part or Part VII or by the Secretary of State under Part 13, or
to an order modifying any conditions to which a planning permission is subject by virtue of section 91 or 92.
If it appears to the Secretary of State that it is expedient that an order should be made under section 97, he may himself make such an order.
Such an order which is made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.
The Secretary of State shall not make such an order without consulting the local planning authority.
Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.
The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.
The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 97 and its confirmation by the Secretary of State shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order and its making by him.
Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that.
This section applies where an application is made to a local planning authority in Wales—
for planning permission, or
for any consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted.
In the case of an application for planning permission, if the authority think the application (or anything accompanying it) does not comply with a validation requirement imposed under section 62, they must give the applicant notice to that effect.
The notice must—
identify the requirement in question, and
set out the authority's reasons for thinking the application does not comply with it.
In the case of an application for a consent, agreement or approval mentioned in subsection (1)(b), the authority must give notice to the applicant if they think that— by virtue of a failure to include information in the application or to provide documents or other materials with it (whether at all or in a particular manner).
the application does not comply with the terms of the planning permission in question, or
a period prescribed under section 74(1)(e) or 78(2) does not begin to run in relation to the application,
The notice must identify—
the information, documents or materials in question, and
the paragraph of subsection (4) which the authority think applies.
A development order may make provision about the giving of notice under this section (including provision about information to be included in the notice and how and when the notice is to be given).
A requirement imposed under section 62 is a validation requirement in relation to an application for planning permission if the effect of the application failing to comply with the requirement is that—
the local planning authority must not entertain the application (see section 327A), or
the period prescribed under section 78(2) does not begin to run in relation to the application.
If a local planning authority give an applicant notice under section 62ZA, the applicant may appeal to the Welsh Ministers.
In a case relating to an application for planning permission, the appeal may be brought on any one or more of the following grounds—
that the application complies with the requirement identified in the notice given under section 62ZA(2);
that the application is not one to which the requirement applies;
that the requirement is not a validation requirement in relation to the application;
in the case of a requirement imposed under subsection (3) of section 62, that the requirement does not comply with subsection (4A) of that section.
In a case relating to an application for a consent, agreement or approval mentioned in section 62ZA(1)(b), the appeal may be brought on any one or more of the following grounds—
that the application included the information, or was accompanied by the documents or other materials, identified in the notice given under section 62ZA(4);
in a case where notice is given under section 62ZA(4)(a), that the provision of the information, documents or materials is not required in order to comply with the terms of the planning permission;
in a case where notice is given under section 62ZA(4)(b), that the period prescribed under section 74(1)(e) or 78(2) (as the case may be) begins to run in relation to the application irrespective of whether the information, documents or materials are provided.
The appeal must be made by giving notice that complies with any requirements prescribed by a development order.
The requirements may relate to how and when the notice is to be given and the information that is to accompany it.
The appeal is to be determined on the basis of representations in writing.
The Welsh Ministers must either—
dismiss the appeal, or
quash or vary the notice to which it relates.
The Welsh Ministers' decision on the appeal is final.
Unless a direction otherwise is given under section 62ZD(1), an appeal under section 62ZB is to be determined by a person appointed by the Welsh Ministers.
In this section and section 62ZD, “appointed person” means a person appointed under subsection (1).
At any time before an appointed person determines an appeal, the Welsh Ministers may—
revoke the person's appointment, and
appoint another person under subsection (1) to determine the appeal.
An appointed person has the same powers and duties in relation to an appeal as the Welsh Ministers have under sections 62ZB(7) and 322C and under any regulations made under section 323A.
An appointed person's decision on an appeal is to be treated as the decision of the Welsh Ministers.
The validity of an appointed person's decision on an appeal may not be questioned by the appellant or the local planning authority in legal proceedings on the ground that the appeal ought to have been determined by the Welsh Ministers and not by an appointed person, unless the appellant or the authority challenge the appointed person's power to determine the appeal before the person's decision is given.
The Welsh Ministers may direct that an appeal under section 62ZB which would otherwise be determined by an appointed person is instead to be determined by the Welsh Ministers.
The Welsh Ministers must serve a copy of the direction on—
the person (if any) appointed to determine the appeal,
the appellant, and
the local planning authority.
In determining the appeal, the Welsh Ministers may take into account any report made to them by a person previously appointed to determine the appeal.
The Welsh Ministers may by a further direction revoke a direction under subsection (1) at any time before the appeal is determined.
The Welsh Ministers must serve a copy of a direction under subsection (4) on—
the person (if any) previously appointed to determine the appeal,
the appellant, and
the local planning authority.
Where the Welsh Ministers give a direction under subsection (4)—
they must appoint a person (the “new appointee”) under section 62ZC(1) to determine the appeal;
anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an appointed person is, unless the new appointee directs otherwise, to be treated as having been done by the new appointee;
subject to that, section 62ZC applies to the appeal as if no direction under subsection (1) had been given.
A relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) be made instead to the Secretary of State if the following conditions are met at the time it is made—
the local planning authority concerned is designated by the Secretary of State for applications of a description specified in the designation; and
the application falls within that description.
Only prescribed descriptions of application may be specified in a designation under subsection (1).
In this section “relevant application” means— but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.
an application for planning permission, or permission in principle, for the development of land in England, or
an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England,
Where a relevant application is made to the Secretary of State under this section, an application under the planning Acts— may (if the person so chooses) be made instead to the Secretary of State.
that is—
an application for listed building consent ... under the Planning (Listed Buildings and Conservation Areas) Act 1990, ...
an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or
an application of a description prescribed by the Secretary of State,
that is considered by the person making the application to be connected with the relevant application,
that would otherwise have to be made to the local planning authority or hazardous substances authority,
that is neither a relevant application nor an application of the kind described in section 73(1), and
that relates to land in England,
If an application (“the connected application”) is made to the Secretary of State under subsection (3) but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may—
refer the connected application to the local planning authority, or hazardous substances authority, to whom it would otherwise have been made; and
direct that the connected application—
is to be treated as having been made to that authority (and not to the Secretary of State under this section), and
is to be determined by that authority accordingly.
The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final.
The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Secretary of State under this section that would otherwise have been made to the authority; and directions under this subsection—
may relate to a particular application or to applications more generally; and
may be given to a particular authority or to authorities more generally.
An authority may be designated for the purposes of section 62A only if—
the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection (2) applies,
by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately performing their function of determining applications under this Part, and
the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies.
A document to which subsection (2) applies may set out different criteria for each description of application prescribed under section 62A(1A).
This subsection applies to a document if—
the document has been laid before Parliament by the Secretary of State,
the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, and
the document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such manner as the Secretary of State thinks fit.
In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).
In calculating the 40-day period for a document, no account is to be taken of any period during which—
Parliament is dissolved or prorogued, or
both Houses of Parliament are adjourned for more than four days.
None of the following may be designated for the purposes of section 62A—
the Homes and Communities Agency;
the Mayor of London;
a Mayoral development corporation;
a development corporation established under section 3 of the New Towns Act 1981;
an urban development corporation.
The Secretary of State must publish (in such manner as the Secretary of State thinks fit)—
any designation of an authority for the purposes of section 62A, and
any revocation of such a designation.
If an application is made to the Secretary of State under section 62A(1) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of—
the application, and
any alteration to the application accepted by the Secretary of State.
Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) or (3B) of that Schedule.
An authority designated for the purposes of section 62A must comply with requests from the Secretary of State for details of requests received by the authority under paragraph 8(1) of Schedule 1 or notifications received by the authority under paragraph 8(3C) or (3D) of that Schedule.
The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2) in the circumstances mentioned in subsection (3).
The matters that may be referred to a Planning Inquiry Commission are—
an application for planning permission which the Secretary of State has under section 77 directed to be referred to him instead of being dealt with by a local planning authority;
an appeal under section 78 (including that section as applied by or under any other provision of this Act);
a proposal that a government department should give a direction under section 90(1) that planning permission shall be deemed to be granted for development by a local authority or National Park authority or by statutory undertakers which is required by any enactment to be authorised by that department;
a proposal that development should be carried out by or on behalf of a government department.
Any of those matters may be referred to any such commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds—
that there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation of them cannot be made unless there is a special inquiry for the purpose;
that the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.
Part I of Schedule 8 shall have effect as respects the constitution of any such commission and its functions and procedure on references to it under this section, and the references in subsection (3) and in that Schedule to “the responsible Minister or Ministers” shall be construed in accordance with Part II of that Schedule.
In relation to any matter affecting both England and Wales, the functions of the Secretary of State under subsection (1) shall be exercised by the Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales acting jointly.
“ owner ”, in relation to any land, means a person who for the time being is—
that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land; or
that any buildings or works should be altered or removed,
“universal postal service pouch-box” has the meaning given in paragraph 1(10) of Schedule 6 to that Act.
require the discontinuance of that use, or
impose such conditions as may be specified in the order on the continuance of it, or
require such steps as may be so specified to be taken for the alteration or removal of the buildings or works,
An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order.
Section 97 shall apply in relation to any planning permission granted by an order under this section as it applies in relation to planning permission granted by the local planning authority on an application made under this Part.
Section 71ZA applies where planning permission is granted by an order under this section as if the references to the decision notice were to the order.
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.
for the retention, on the land to which the order relates, of buildings or works constructed or carried out before the date on which the order was submitted to the Secretary of State under section 103; or
for the continuance of a use of that land instituted before that date.
Planning permission for such development may be granted so as to have effect from—
the date on which the development was carried out; or
if it was carried out in accordance with planning permission granted for a limited period, the end of that period.
Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the local planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.
Subject to section 103(8), in the case of planning permission granted by an order under this section, the authority referred to in sections 91(1)(b) and 92(4) is the local planning authority making the order.
The previous provisions of this section do not apply to the use of any land for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials except as provided in Schedule 9, and that Schedule shall have effect for the purpose of making provision as respects land which is or has been so used.
An order under section 102 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.
The power of the Secretary of State under this section to confirm an order subject to modifications includes power—
to modify any provision of the order granting planning permission, as mentioned in subsections (2) to (5) of section 102;
to include in the order any grant of planning permission which might have been included in the order as submitted to him.
Where a local planning authority submit an order to the Secretary of State for his confirmation under this section, they shall serve notice—
on the owner of the land affected,
on the occupier of that land, and
on any other person who in their opinion will be affected by the order.
The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
If within that period such a person so requires, before the Secretary of State confirms the order, he shall give such an opportunity both to him and to the local planning authority.
The period referred to in subsection (4) must not be less than 28 days from the service of the notice.
Where an order under section 102 has been confirmed by the Secretary of State, the local planning authority shall serve a copy of the order on the owner and occupier of the land to which the order relates.
Where the Secretary of State exercises his powers under subsection (2) in confirming an order granting planning permission, he is the authority referred to in sections 91(1)(b) and 92(4).
If it appears to the Secretary of State that it is expedient that an order should be made under section 102, he may himself make such an order.
Such an order made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.
The Secretary of State shall not make such an order without consulting the local planning authority.
Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.
The notice shall specify the period within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.
The period referred to in subsection (5) must not be less than 28 days from the date of the service of the notice.
The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 102, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order, its making by him and the service of copies of it.
It shall be the duty of every mineral planning authority—
to undertake at such intervals as they consider fit reviews of every site in their area in, on or under which operations for the winning and working of minerals—
are being carried out; or
have been carried out at any time during the relevant period; or
are authorised by planning permission but have not been begun; and
to make in respect of any such site any order under section 97 or under paragraph 1, 3, 5 or 6 of Schedule 9 that they consider appropriate.
In subsection (1) “the relevant period”, in relation to a review, means the period of five years preceding the date of the beginning of the review or such other period as may be prescribed.
Any person interested in land in the area of a local planning authority may, by agreement or otherwise, enter into an obligation (referred to in this section and sections 106A to 106C , Schedule 7A as “ a planning obligation ”), enforceable to the extent mentioned in subsection (3)—
restricting the development or use of the land in any specified way;
requiring specified operations or activities to be carried out in, on, under or over the land;
requiring the land to be used in any specified way; or
requiring a sum or sums to be paid to the authority (or, in a case where section 2E applies, to the Greater London Authority or, as the case may be, the mayoral combined authority or mayoral combined county authority) on a specified date or dates or periodically.
A planning obligation may—
be unconditional or subject to conditions;
impose any restriction or requirement mentioned in subsection (1)(a) to (c) either indefinitely or for such period or periods as may be specified; and
if it requires a sum or sums to be paid, require the payment of a specified amount or an amount determined in accordance with the instrument by which the obligation is entered into and, if it requires the payment of periodical sums, require them to be paid indefinitely or for a specified period.
In the case of a development consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Planning Act 2008.
In the case of an infrastructure consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Infrastructure (Wales) Act 2024.
Subject to subsection (4) a planning obligation is enforceable by the authority identified in accordance with subsection (9)(d)—
against the person entering into the obligation; and
against any person deriving title from that person.
The instrument by which a planning obligation is entered into may provide that a person shall not be bound by the obligation in respect of any period during which he no longer has an interest in the land.
as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan; or
as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a).
A restriction or requirement imposed under a planning obligation is enforceable by injunction.
Without prejudice to subsection (5), if there is a breach of a requirement in a planning obligation to carry out any operations in, on, under or over the land to which the obligation relates, the authority by whom the obligation is enforceable may—
enter the land and carry out the operations; and
recover from the person or persons against whom the obligation is enforceable any expenses reasonably incurred by them in doing so.
Before an authority exercise their power under subsection (6)(a) they shall give not less than twenty-one days’ notice of their intention to do so to any person against whom the planning obligation is enforceable.
Any person who wilfully obstructs a person acting in the exercise of a power under subsection (6)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A planning obligation may not be entered into except by an instrument executed as a deed which—
states that the obligation is a planning obligation for the purposes of this section;
if the obligation is a development consent obligation, contains a statement to that effect;
if the obligation is an infrastructure consent obligation, contains a statement to that effect;
identifies the land in which the person entering into the obligation is interested;
identifies the person entering into the obligation and states what his interest in the land is; and
identifies the local planning authority by whom the obligation is enforceable. and, in a case where section 2E applies, identifies the Mayor of London or, as the case may be, the mayor of a specified mayoral combined authority or specified mayoral combined county authority as an authority by whom the obligation is also enforceable
A copy of any such instrument shall be given to the authority so identified local planning authority so identified and, in a case where section 2E applies, to the Mayor of London or, as the case may be, the mayor of a specified mayoral combined authority or specified mayoral combined county authority .
A planning obligation shall be a local land charge and for the purposes of the Local Land Charges Act 1975 the authority by whom the obligation is enforceable shall be treated as the originating authority as respects such a charge.
Regulations may provide for the charging on the land of— and this section and sections 106A to 106BC shall have effect subject to any such regulations.
any sum or sums required to be paid under a planning obligation; and
any expenses recoverable by a local planning authority or the Mayor of London , the Mayor of London or the mayor of a combined authority or combined county authority under subsection (6)(b),
In this section “ specified ” means specified in the instrument by which the planning obligation is entered into and in this section and section 106A “ land ” has the same meaning as in the Local Land Charges Act 1975.
In this section and section 106A “ development consent obligation ” means a planning obligation entered into in connection with an application (or a proposed application) for an order granting development consent.
In this section and section 106A “infrastructure consent obligation means a planning obligation entered into in connection with an application (or a proposed application) for an infrastructure consent order.
A planning obligation may not be modified or discharged except—
by agreement between the authority by whom the obligation is enforceable the appropriate authority (see subsection (11)) and the person or persons against whom the obligation is enforceable; or
in accordance with —
this section and section 106B , or
sections 106BA and 106BC.
An agreement falling within subsection (1)(a) shall not be entered into except by an instrument executed as a deed.
A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to the local planning authority by whom the obligation is enforceable the appropriate authority for the obligation—
to have effect subject to such modifications as may be specified in the application; or
to be discharged.
In subsection (3) “ the relevant period ” means—
such period as may be prescribed; or
if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into.
An application under subsection (3) for the modification of a planning obligation may not specify a modification imposing an obligation on any other person against whom the obligation is enforceable.
Where an application is made to an authority under subsection (3), the authority may determine—
that the planning obligation shall continue to have effect without modification;
if the obligation no longer serves a useful purpose, that it shall be discharged; or
if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.
Except in such cases as may be prescribed, the authority may not under subsection (6) discharge or modify the planning obligation if the authority considers that doing so would—
prevent the biodiversity gain objective referred to in paragraph 2 of Schedule 7A from being met in relation to any development, or
give rise to a significant risk of that objective not being met in relation to any development.
The authority shall give notice of their determination to the applicant within such period as may be prescribed.
Where an authority determine under this section that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.
Regulations may make provision with respect to—
the form and content of applications under subsection (3);
the publication of notices of such applications;
the procedures for considering any representations made with respect to such applications; and
the notices to be given to applicants of determinations under subsection (6).
Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.
In this section “ the appropriate authority ” means—
the Mayor of London or the mayor of a combined authority or combined county authority, in the case of any planning obligation enforceable by him;
the Welsh Ministers, in the case of any infrastructure consent obligation;
the Secretary of State, in the case of any development consent obligation ...;
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in the case of any other planning obligation, the local planning authority by whom it is enforceable.
The Mayor of London or the mayor of a combined authority or combined county authority must consult the local planning authority before exercising any function under this section.
Where an authority— (other than the Secretary of State or the Welsh Ministers ...) the applicant may appeal to the Secretary of State.
fail to give notice as mentioned in section 106A(7); or
determine under section 106A that a planning obligation shall continue to have effect without modification,
For the purposes of an appeal under subsection (1)(a), it shall be assumed that the authority have determined that the planning obligation shall continue to have effect without modification.
An appeal under this section shall be made by notice served within such period and in such manner as may be prescribed.
Subsections (6) to (9) of section 106A apply in relation to appeals to the Secretary of State under this section as they apply in relation to applications to authorities under that section.
Before determining the appeal the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
The determination of an appeal by the Secretary of State under this section shall be final.
Schedule 6 applies to appeals under this section.
In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1) is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.
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A court may entertain proceedings for questioning a failure by the Secretary of State ... to give notice as mentioned in section 106A(7) or 106BA(9) only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the period prescribed under section 106A(7) or 106BA(9) ends.
If no period is prescribed under section 106BA(9), the period of 6 weeks referred to in subsection (1)(b) that applies in relation to proceedings for failure to give notice as mentioned in subsection (9) of section 106BA begins with the day after the expiry of the period mentioned in that subsection that applies in the applicant's case.
A court may entertain proceedings for questioning a determination by the Secretary of State ... that a planning obligation shall continue to have effect without modification only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106A(7) or 106BA(9).
A court may entertain proceedings for questioning a determination by the Secretary of State on an application under section 106BA that a planning obligation shall be modified otherwise than in accordance with the application only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106BA(9).
This section applies where an application has been made to the Welsh Ministers under section 106A.
A court may entertain proceedings for questioning a failure by the Welsh Ministers to give notice as mentioned in section 106A(7) only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the period prescribed under section 106A(7) ends.
A court may entertain proceedings for questioning a determination by the Welsh Ministers that a planning obligation is to continue to have effect without modification only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106A(7).
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If the following conditions are met, a qualifying application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) instead be made to the Welsh Ministers.
The first condition is that the local planning authority is designated by the Welsh Ministers for the purposes of this section.
The second condition is that— is development of a description prescribed by regulations made by the Welsh Ministers.
the development to which the application relates, in the case of a qualifying application within subsection (4)(a), or
the development for which the outline planning permission has been granted, in the case of a qualifying application within subsection (4)(b),
A qualifying application, for the purposes of this section, is—
an application for planning permission for the development of land in Wales...;
an application for approval of a matter that, for the purposes of section 92, is a reserved matter in the case of an outline planning permission for the development of land in Wales.
But an application within subsection (6) that would otherwise be a qualifying application for the purposes of this section is not to be treated as such unless it is an application of a description prescribed in regulations made by the Welsh Ministers.
An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
In deciding whether to designate a local planning authority for the purposes of section 62M, or whether to revoke a designation, the Welsh Ministers must apply only criteria that satisfy the following conditions.
The first condition is that the Welsh Ministers have consulted each local planning authority in Wales about the criteria.
The second condition is that the criteria are set out in a document that the Welsh Ministers have laid before the National Assembly for Wales.
The third condition is that the 21-day period has ended without the National Assembly having during that period resolved not to approve the document.
The fourth condition is that the Welsh Ministers have published the document (whether before, during or after the 21-day period) in whatever way they think fit.
In this section, “the 21-day period” means the period of 21 days beginning with the day on which the document is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days.
The power to designate a local planning authority for the purposes of section 62M, or to revoke a designation, is exercisable by notice in writing to the authority.
The Welsh Ministers must publish (in whatever way they think fit) a copy of any notice given to an authority under subsection (7).
An urban development corporation may not be designated for the purposes of section 62M.
This section applies where an application (the “principal application”) is made to the Welsh Ministers under section 62M.
A connected application that would otherwise have to be made to the local planning authority or hazardous substances authority may (if the applicant so chooses) instead be made to the Welsh Ministers, provided that it is made on the same day as the principal application.
A connected application, for this purpose, is an application under the planning Acts that—
relates to land in Wales,
is an application of a description prescribed by regulations made by the Welsh Ministers, and
is considered by the person making it to be connected to the principal application.
Subsection (5) applies if an application is made to the Welsh Ministers under this section, on the basis that it is a connected application, instead of to a local planning authority or hazardous substances authority, but the Welsh Ministers consider—
that the application is not connected to the principal application, or
that, although the application is connected to the principal application, the decision on the application should not be made by the Welsh Ministers.
The Welsh Ministers must refer the application to the local planning authority or hazardous substances authority.
An application referred to an authority under subsection (5)—
is to be treated as from the date of its referral as being an application made to the authority concerned (instead of an application made to the Welsh Ministers), and
is to be determined by the authority accordingly.
A development order may make provision about the referral of applications under subsection (5) (including provision about what constitutes the referral of an application for the purposes of subsection (6)).
A decision of the Welsh Ministers on an application made to them under section ... 62M or 62O is final.
The Welsh Ministers may give directions requiring a local planning authority to do things in relation to an application made to the Welsh Ministers under section ... 62M that would otherwise have been made to the authority.
The Welsh Ministers may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Welsh Ministers under section 62O that would otherwise have been made to the authority.
Directions given under this section—
may relate to a particular application or description of application, or to applications generally;
may be given to a particular authority or description of authority, or to authorities generally.
The power to give directions under this section includes power to vary or revoke the directions.
This section applies if—
an application is made to the Welsh Ministers under section ... 62M or 62O, and
a community council would be entitled under paragraph 2 of Schedule 1A to be notified of the application (requirement to notify community council of certain planning applications).
The Welsh Ministers (instead of the local planning authority) must notify the community council of the application, as specified in paragraph 2(4) of Schedule 1A.
The relevant local planning authority must comply with any request made by the Welsh Ministers for the purposes of this section to supply information to them about requests received by the authority under paragraph 2(1) of Schedule 1A.
The “relevant local planning authority”, for this purpose, is—
in the case of an application under section ... section 62M, the local planning authority to which (but for that section) the application would have been made;
in the case of an application under section ... 62O which (but for that section) would have been made to a local planning authority, that authority.
A development order may make provision for regulating the manner in which an application for planning permission made to the Welsh Ministers under section ... 62F, 62M or 62O, or an application for approval made to the Welsh Ministers under section ... 62M or 62O, is to be dealt with by the Welsh Ministers.
That provision may include provision about—
consultation to be carried out by the Welsh Ministers;
the variation of an application.
Schedule 4D has effect with respect to the exercise of functions by appointed persons in connection with ... applications made to the Welsh Ministers under section 62M or 62O.
A development order may provide for an applicable enactment or requirement—
to apply, with or without modifications, to an application made to the Welsh Ministers under section ... 62M or 62O, or
not to apply to such an application.
For this purpose an applicable enactment or requirement, in relation to an application made to the Welsh Ministers under section ... 62M or 62O, is—
any provision of or made under this Act, or any other enactment, relating to applications of that kind when made to the relevant authority;
any requirements imposed by a development order in respect of applications of that kind when made to the relevant authority.
The “relevant authority”, in relation to an application made to the Welsh Ministers under section ... 62M or 62O, is the authority to which, but for the section in question, the application would have been made.
Schedule 7A (biodiversity gain in England) has effect.
This section applies where relevant planning permission is granted for relevant residential development in England.
The relevant planning permission must be granted subject to a condition that a development progress report must be provided to the local planning authority in whose area the development is to be carried out for each reporting period.
The first reporting period in relation to the development is to be a period—
beginning at a prescribed time or by reference to a prescribed event, and
during which the development is begun.
A new reporting period is to begin immediately after the end of a reporting period which is not the last reporting period.
A reporting period which is not the last reporting period is to be a period of 12 months.
The last reporting period is to be a period ending with the day on which the development is completed (subject to any provision made under subsection (9)).
A “development progress report”, in relation to relevant residential development, means a report which sets out—
the progress that has been made, and that remains to be made, towards completing the dwellings the creation of which the development is to involve, as at the end of the reporting period to which the report relates,
the progress which is predicted to be made towards completing those dwellings over each subsequent reporting period up to and including the last reporting period, and
such other information as may be prescribed in regulations under subsection (9).
If relevant planning permission is granted without the condition required by subsection (2), it is to be treated as having been granted subject to that condition.
The Secretary of State may by regulations make provision—
about the form and content of development progress reports;
about when and how development progress reports are to be provided to local planning authorities;
about who may or must provide development progress reports to local planning authorities;
about the provision of development progress reports and other information to local planning authorities where there is a change in circumstances in connection with relevant residential development, such as (for example) where the development is no longer intended to be completed in accordance with—
the relevant planning permission;
a previous development progress report;
any timescales specified in a commencement notice given under section 93G;
about when a condition under subsection (2) is to be treated as being discharged;
about when relevant residential development is to be treated as being completed for the purposes of this section.
In this section—
This section applies where—
planning permission has been granted under section 70 or 73 for the development of any land in England, and
the development is of a prescribed description.
Before the development is begun, the person proposing to carry it out must give a notice (a “commencement notice”) to the local planning authority specifying the date on which the person expects the development to be begun.
Once a person has given a commencement notice, the person—
may give a further commencement notice substituting a new date for the date previously given, and
must do so if the development is not commenced on the date previously given.
A commencement notice must—
include such information as may be prescribed, and
be in such form and be given in such manner as may be prescribed.
Where it appears to the local planning authority that a person has failed to comply with the requirements of subsection (2) or (3)(b), they may serve a notice on any relevant person requiring the relevant person to give the authority such of the information prescribed under subsection (4)(a) as the notice may specify.
In subsection (5) “relevant person” means—
the person to whom the requirements of subsection (2) or (3)(b) applied, and
any person who is the owner or occupier of the land to which the planning permission relates or who has any other interest in that land.
A person on whom a notice under subsection (5) is served is guilty of an offence if they fail to give the information required by the notice within the period of 21 days beginning with the day on which it was served.
It is a defence for a person charged with an offence under subsection (7) to prove that they had a reasonable excuse for failing to provide the information required.
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
When granting planning permission under section 70 or 73 for the development of any land in England, a local planning authority must by notice inform the applicant of—
the requirements of subsections (2) and (3)(b), and
the consequences of non-compliance with those requirements.
This section applies where—
a planning permission relating to land in England is by virtue of section 91 or 92 subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has been begun within that period but has not been completed,
development has begun in accordance with a simplified planning zone scheme in England but has not been completed by the time the area ceases to be a simplified planning zone,
development has begun in accordance with planning permission under an enterprise zone scheme in England but has not been completed by the time the area ceases to be an enterprise zone,
a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed, or
a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed.
If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (a “completion notice”) stating that the planning permission will cease to have effect at a specified time (the “completion notice deadline”).
The completion notice deadline must be—
at least 12 months after the completion notice was served, and
if the notice was served in a case within subsection (1)(a) or (d) before the end of the period referred to in that provision, at least 12 months after the end of that period.
A completion notice must include—
prescribed information in relation to the right of appeal against the notice, and
any other prescribed information.
A completion notice must be served on—
the owner of the land,
if different, the occupier of the land, and
a person not falling within paragraph (a) or (b) with an interest in the land, being an interest which, in the opinion of the local planning authority, is materially affected by the notice.
The local planning authority may withdraw a completion notice at any time before the completion notice deadline.
If they do so they must immediately give notice of the withdrawal to every person who was served with the completion notice.
If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land in England, the Secretary of State may, after consulting the local planning authority, serve such a notice.
Where a completion notice is served by a local planning authority under section 93H, any of the following may appeal to the Secretary of State against it (whether or not the notice was served on them)—
the owner of the land,
a person not within paragraph (a) with an interest in the land, and
a person who occupies the land by virtue of a licence.
An appeal may be brought on any of the following grounds—
that the appellant considers that the development will be completed within a reasonable period;
that the completion notice deadline is an unreasonable one;
that the notice was not served on the persons on whom it was required to be served under section 93H(5).
The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under this section.
The regulations may in particular include provision—
as to the period within which an appeal must be brought;
as to how an appeal is made;
as to the information to be supplied by the appellant;
as to how a local planning authority must respond to an appeal and the information to be supplied by the authority;
for the purpose of securing that the appeal is brought to the attention of persons in the locality of the development.
On an appeal under this section the Secretary of State may—
quash the completion notice,
vary the completion notice by substituting a later completion notice deadline, or
uphold the notice with the original completion notice deadline.
On an appeal under this section the Secretary of State may also correct any defect, error or misdescription in the completion notice if satisfied that the correction will not cause injustice to the appellant or the local planning authority.
If, on an appeal made on the ground referred to in subsection (1)(c), the Secretary of State determines that the completion notice was not served on a person on whom it should have been served, the notice need not be quashed if it appears to the Secretary of State that neither that person nor the appellant has been substantially prejudiced by that fact.
Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) applies in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.
The planning permission to which a completion notice relates becomes invalid at the completion notice deadline (whether as originally specified or substituted on appeal under section 93I).
Where an appeal is brought under section 93H the completion notice is of no effect pending the final determination or withdrawal of the appeal.
Subsection (1) does not affect any planning permission so far as relating to development carried out under it before the completion notice deadline.
A local planning authority ... may make a change to any planning permission, or any permission in principle (granted following an application to the authority), relating to land in their area if they are satisfied that the change is not material.
In deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission or permission in principle as originally granted.
The power conferred by subsection (1) includes power to make a change to a planning permission —
to impose new conditions;
to remove or alter existing conditions.
The conditions referred to in subsection (3)(b) do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
The conditions referred to in subsection (3)(b) do not include the condition under section 90B (condition relating to development progress reports in England).
The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an interest in the land to which the planning permission or permission in principle relates.
An application under subsection (4) to a local planning authority in England must be made in the form and manner prescribed by development order.
A development order may provide that an application under subsection (4) to a local planning authority in Wales must be made—
in the form prescribed by the order or in a form published by the Welsh Ministers; and
in the manner prescribed by the order.
Subsection (7) applies in relation to an application under subsection (4) made by or on behalf of a person with an interest in some, but not all, of the land to which the planning permission or permission in principle relates.
The application may be made only in respect of so much of the planning permission or permission in principle as affects the land in which the person has an interest.
A local planning authority in England must comply with such requirements as may be prescribed by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection (1).
A development order may make provision about how a local planning authority in Wales are to deal with an application under subsection (4) (including provision imposing requirements as to consultation and publicity and as to when steps specified in the order are to be taken).
For the purposes of this section as it applies in relation to Wales, a person has an interest in land only if in relation to that land (or any mineral in, on or under it) the person—
is the estate owner of the fee simple;
is entitled to a tenancy granted or extended for a term of years certain of which not less than two years remain unexpired;
is the mortgagee of any interest or estate in the land; or
is a party to an estate contract within the meaning of section 2(4) of the Land Charges Act 1972.
The Secretary of State may by regulations provide that—
conditions of a prescribed description may not be imposed in any circumstances on a relevant grant of planning permission for the development of land in England,
conditions of a prescribed description may be imposed on any such grant only in circumstances of a prescribed description, or
no conditions may be imposed on any such grant in circumstances of a prescribed description.
Regulations under subsection (1) may make provision only if (and in so far as) the Secretary of State is satisfied that the provision is appropriate for the purposes of ensuring that any condition imposed on a relevant grant of planning permission for the development of land in England is—
necessary to make the development acceptable in planning terms,
relevant to the development and to planning considerations generally,
sufficiently precise to make it capable of being complied with and enforced, and
reasonable in all other respects.
Before making regulations under subsection (1) the Secretary of State must carry out a public consultation.
Subsection (5) applies in relation to an application for a relevant grant of planning permission for the development of land in England.
Planning permission for the development of the land may not be granted subject to a pre-commencement condition without the written agreement of the applicant to the terms of the condition.
But the requirement under subsection (5) for the applicant to agree to the terms of a pre-commencement condition does not apply in such circumstances as may be prescribed.
Before making regulations under subsection (6) the Secretary of State must carry out a public consultation.
“Pre-commencement condition” means a condition imposed on a grant of planning permission (other than a grant of outline planning permission within the meaning of section 92) which must be complied with—
before any building or other operation comprised in the development is begun, or
where the development consists of a material change in the use of any buildings or other land, before the change of use is begun.
A power conferred by any provision of this Part or Part 13 to impose a condition on a relevant grant of planning permission for the development of land in England is subject to—
regulations under subsection (1), and
subsection (5).
The Secretary of State must issue guidance to local planning authorities about the operation of this section and regulations made under it.
The Secretary of State may, from time to time, revise guidance issued under subsection (10).
The Secretary of State must arrange for guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
In this section— and “prescribed” means prescribed by the Secretary of State.
references to a relevant grant of planning permission are to any grant of permission to develop land which is granted on an application made under this Part or Part 13;
references to a grant include the modification of any such grant;
references to a condition include a limitation but do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition),
A development order may provide that a local planning authority in Wales to which an application within subsection (5) (a “relevant application”) is made are not to determine the application before the end of a period specified in the order.
If a local planning authority in Wales to which a relevant application is made consult a statutory consultee about the application, the consultee must give a substantive response.
That response must be given before the end of—
a period specified in a development order, or
if the consultee and the authority agree otherwise in writing, whatever period is specified in their agreement.
A development order may make provision—
about information that is to be provided by a local planning authority to a statutory consultee for the purposes of, or in connection with, consultation about a relevant application;
about the requirements of a substantive response;
requiring a statutory consultee consulted about a relevant application to give a report to the Welsh Ministers about the consultee's compliance with subsections (2) and (3) (including provision as to the form and content of the report, and the time at which it is to be made).
An application is within this subsection if it is—
an application for approval of reserved matters (within the meaning of section 92);
an application for any other consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted;
an application under section 96A(4) (non-material changes to planning permission).
References in this section to a statutory consultee, in relation to a relevant application, are to a person whom, by virtue of section 71 or section 74, the local planning authority was required to consult before determining the original application.
The original application, in relation to a relevant application, is—
in the case of an application within subsection (5)(a) or (b), the application for the planning permission in accordance with which the application for approval, consent or agreement is made;
in the case of an application within subsection (5)(c), the application for the planning permission to which the application under section 96A(4) relates.
Subject to section 116, where planning permission or permission in principle is revoked or modified by an order under section 97(1)(a), then if, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that a person interested in the land or in minerals in, on or under it— the local planning authority shall pay that person compensation in respect of that expenditure, loss or damage.
has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or
has otherwise sustained loss or damage which is directly attributable to the revocation or modification,
For the purposes of subsection (1), any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory to it, shall be taken to be included in the expenditure incurred in carrying out that work.
Subject to subsection (2), no compensation shall be paid under subsection (1) in respect—
of any work carried out before the grant of the permission which is revoked or modified, or
of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission (other than loss or damage consisting of depreciation of the value of an interest in land).
In calculating for the purposes of subsection (1) the amount of any loss or damage that is attributable to the revocation or modification of planning permission and consists of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted —
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;
for any development of a class specified in paragraph 2 of Schedule 3.
In this Part any reference to an order under section 97 includes a reference to an order under the provisions of that section as applied by section 102(3) (or, subject to section 116, by paragraph 1(3) of Schedule 9).
A development order may make provision for the payment of compensation, in such circumstances and subject to such conditions as may be prescribed in the order, where permission in principle is revoked or modified by an order under section 97(1)(b).
“statutory undertaker” does not include a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986);
planning permission granted by a development order , a local development order or a neighbourhood development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order); and
on an application made under Part III or section 293A Parts 3 or 13 planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order,
Where planning permission granted by a development order , a local development order or a neighbourhood development order is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation.
This section shall not apply in relation to planning permission, or permission in principle, for the development of operational land of statutory undertakers.
Where— this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the directions took effect.
planning permission granted by a development order for development in England of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or
planning permission granted by a local development order for development in England is withdrawn by the issue of directions under powers conferred by the order,
Where— section 107 shall apply as if the permission in principle granted by the development order had been granted by the local planning authority under Part 3 or section 293A or by the Secretary of State or Welsh Ministers under Part 13, and had been revoked or modified by an order under section 97.
permission in principle granted by a development order is withdrawn by the revocation or amendment of the order, and
on an application made under Part 3 or section 293A Parts 3 or 13 before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation, permission in principle is refused for development of a description that is the same as, or falls within, that to which the withdrawn permission in principle related,
This section does not apply if—
in the case of planning permission or permission in principle granted by a development order, the condition in subsection (3C) is met;
in the case of planning permission granted by a local development order, the condition in subsection (3D) is met.
in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.
The condition referred to in subsection (3B)(a) is that—
the planning permission or permission in principle is granted for development in England of a prescribed description,
the permission is withdrawn in the prescribed manner,
notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and
where the development order granted planning permission, either—
the development authorised by the development order had not started before the notice was published, or
the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.
The condition referred to in subsection (3B)(b) is that—
the planning permission is granted for development in England,
the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order,
notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and
either—
the development authorised by the local development order had not started before the notice was published, or
the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.
The condition referred to in subsection (3B)(c) is that—
the planning permission is withdrawn by the revocation of the neighbourhood development order,
notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and
either—
the development authorised by the neighbourhood development order had not begun before the notice was published, or
section 61L(7) applies in relation to the development.
This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.
Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order or a local development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.
Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order.
In this section “prescribed” means prescribed by regulations made by the Secretary of State in relation to England and the Welsh Ministers in relation to Wales,
Where compensation becomes payable under section 107 which includes compensation for depreciation of an amount exceeding £20, the local planning authority—
if it appears to them to be practicable to do so, shall apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates; and
shall give particulars of any such apportionment to the claimant and to any other person entitled to an interest in land which appears to the authority to be substantially affected by the apportionment.
In carrying out an apportionment under subsection (1)(a), the local planning authority shall divide the land into parts and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the authority to be differently affected by the order or, in a case falling within section 108, the relevant planning decision, in consequence of which the compensation is payable.
Regulations under this section shall make provision, subject to subsection (4)—
for enabling the claimant and any other person to whom particulars of an apportionment have been given under subsection (1), or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Upper Tribunal;
for enabling the claimant and every other person to whom particulars of any such apportionment have been so given to be heard by the Tribunal on any reference under this section of that apportionment; and
for requiring the Tribunal, on any such reference, either to confirm or to vary the apportionment and to notify the parties of the decision of the Tribunal.
Where on a reference to the Upper Tribunal under this section it is shown that an apportionment— the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.
relates wholly or partly to the same matters as a previous apportionment, and
is consistent with that previous apportionment in so far as it relates to those matters,
On a reference to the Upper Tribunal by virtue of subsection (3), subsections (1) and (2), so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the local planning authority, of references to the Upper Tribunal.
In this section and section 110—
“condition” includes a limitation;
to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the affected area (but not in so far as it subsists in the unaffected area), and
to have served a notice to treat in respect of it on the date mentioned in subsection (3).
Where compensation becomes payable under section 107 which includes compensation for depreciation of an amount exceeding £20, the local planning authority shall give notice to the Secretary of State that such compensation has become payable, specifying the amount of the compensation for depreciation and any apportionment of it under section 109.
Where the Secretary of State is given such notice he shall cause notice of that fact to be deposited—
with the council of the district , Welsh county, county borough or London borough in which the land is situated, and
if that council is not the local planning authority, with the local planning authority.
Notices deposited under this section must specify—
the order, or in a case falling within section 108 the relevant planning decision, and the land to which the claim for compensation relates; and
the amount of compensation and any apportionment of it under section 109.
Notices deposited under this section shall be local land charges, and for the purposes of the Local Land Charges Act 1975 the council with whom any such notice is deposited shall be treated as the originating authority as respects the charge constituted by it.
In relation to compensation specified in a notice registered under this section, references in this Part to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed as follows—
if the notice does not include an apportionment under section 109, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;
if the notice includes such an apportionment—
the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and
so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part.
No person shall carry out any . . .development to which this section applies on land in respect of which a notice (“a compensation notice”) is registered under section 110 until any amount which is recoverable under this section in accordance with section 112 in respect of the compensation specified in the notice has been paid or secured to the satisfaction of the Secretary of State.
Subject to subsections (3) to (5), this section applies to any . . .development—
which is development of a residential, commercial or industrial character and consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination of them; or
which consists in the winning and working of minerals; or
to which, having regard to the probable value of the development, it is in the opinion of the Secretary of State reasonable that this section should apply.
This section shall not apply to any development by virtue of subsection (2)(c) if, on an application made to him for the purpose, the Secretary of State has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section should apply to it.
Where the compensation under section 107 specified in the notice registered under section 110 became payable in respect of an order modifying planning permission or, in a case falling within section 108, of a relevant planning decision (within the meaning of section 109) granting conditional planning permission, this section shall not apply to development in accordance with that permission as modified by the order or, as the case may be, in accordance with those conditions.
This section does not apply to any development—
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
of a class specified in paragraph 2 of Schedule 3.
Subject to the following provisions of this section, the amount recoverable under section 111 in respect of the compensation specified in a notice registered under section 110—
if the land on which the development is to be carried out (“the development area”) is identical with, or includes (with other land) the whole of, the land comprised in the notice, shall be the amount of compensation specified in the notice;
if the development area forms part of the land comprised in the notice, or includes part of that land together with other land not comprised in the notice, shall be so much of the amount of the compensation specified in the notice as is attributable to land comprised in the notice and falling within the development area.
Where, in the case of any land in respect of which such a notice has been so registered, the Secretary of State is satisfied, having regard to the probable value of any proper development of that land, that no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or part of any amount otherwise recoverable under section 111.
Where part only of any such amount has been remitted in respect of any land, the Secretary of State shall cause the notice registered under section 110 to be amended by substituting in it, for the statement of the amount of the compensation, in so far as it is attributable to that land, a statement of the amount which has been remitted under subsection (2).
Where, in connection with the development of any land, an amount becomes recoverable under section 111 in respect of the compensation specified in such a notice, then, except where, and to the extent that, payment of that amount has been remitted under subsection (2), no amount shall be recoverable under that section in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development of it.
No amount shall be recoverable under section 111 in respect of any compensation by reference to which a sum has become recoverable by the Secretary of State under section 308.
An amount recoverable under section 111 in respect of any compensation shall be payable to the Secretary of State either—
as a single capital payment, or
as a series of instalments of capital and interest combined, or
as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Secretary of State may direct.
Before giving a direction under subsection (6)(c) the Secretary of State shall take into account any representations made by the person by whom the development is to be carried out.
Except where the amount payable under subsection (6) is payable as a single capital payment, it shall be secured by the person by whom the development is to be carried out in such manner (whether by mortgage, covenant or otherwise) as the Secretary of State may direct.
If any person initiates any . . . development to which section 111 applies in contravention of subsection (1) of that section, the Secretary of State may serve a notice on him—
specifying the amount appearing to the Secretary of State to be the amount recoverable under that section in respect of the compensation in question, and
requiring him to pay that amount to the Secretary of State within such period as may be specified in the notice.
The period specified under subsection (9)(b) must not be less than three months after the service of the notice.
Subject to subsection (12), any sum recovered by the Secretary of State under section 111 shall be paid to the local planning authority who paid the compensation to which that sum relates.
Subject to subsection (13), in paying any such sum to the local planning authority, the Secretary of State shall deduct from it—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the amount of any grant paid by him under Part XIV in respect of that compensation.
If the sum recovered by the Secretary of State under section 111— any deduction to be made under . . .subsection (12) shall be a deduction of such amount as the Secretary of State may determine to be the proper proportion of the amount referred to in that paragraph.
is an instalment of the total sum recoverable, or
is recovered by reference to development of part of the land in respect of which the compensation was payable,
Where— the Secretary of State may pay to the local planning authority a contribution of the amount appearing to him to be the amount of compensation which would have been so payable by him under Part V.
a notice under section 110 is given to the Secretary of State in consequence of the making of an order under section 97 revoking or modifying planning permission or, in a case falling within section 108, of a relevant planning decision refusing planning permission or granting it conditionally, and
if that permission had been refused, or, as the case may be, had been granted as so modified or subject to those conditions, at the time when it was granted, compensation under Part V could have been claimed and would have been payable by the Secretary of State,
The amount of any such contribution shall not exceed—
the amount of the compensation for depreciation paid by the local planning authority; or
the unexpended balance of established development value of the land in respect of which that compensation was paid at the date of the making of the order or, in a case falling within section 108, of the relevant planning decision.
Regulations made under this section shall make provision, in relation to cases where the Secretary of State proposes to pay a contribution under this section—
for requiring the Secretary of State to give notice of his proposal—
to persons entitled to such interests in the land to which the proposal relates as may be prescribed, and
to such other persons (if any) as may be determined in accordance with the regulations to be affected by the proposal;
for enabling persons to whom notice of the proposal is given to object to the proposal on the grounds—
that compensation would not have been payable as mentioned in subsection (1), or
that the amount of the compensation so payable would have been less than the amount of the proposed contribution;
for enabling any person making such an objection to require the matter in dispute to be referred to the Lands Tribunal for determination; and
where a contribution under this section is paid, for applying (with any necessary modifications) the provisions of Part V as to the reduction or extinguishment of the unexpended balance of established development value of land as if the contribution had been a payment of compensation under that Part.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where, on an application for planning permission to carry out development of any class specified in Part II of Schedule 3, the Secretary of State, either on appeal or on the reference of the application to him for determination, refuses the permission or grants it subject to conditions.
If, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that the value of the interest of any person in the land is less than it would have been if the permission had been granted or, as the case may be, had been granted unconditionally, the local planning authority shall pay that person compensation of an amount equal to the difference.
In determining, for the purposes of subsection (2), whether or to what extent the value of an interest in land is less than it would have been if the permission had been granted, or had been granted unconditionally—
it shall be assumed that any subsequent application for similar planning permission would be determined in the same way; but
if, in the case of a refusal of planning permission, the Secretary of State, on refusing that permission, undertook to grant planning permission for some other development of the land if an application were made for it, regard must be had to that undertaking; and
no account shall be taken of any prospective use which would contravene the condition set out in Schedule 10.
Where, on such an application as is mentioned in subsection (1), planning permission is granted by the Secretary of State subject to conditions for regulating the design or external appearance or the size or height of buildings, the Secretary of State may direct that those conditions shall be disregarded, either altogether or to such extent as may be specified in the direction, in assessing the compensation (if any) payable under this section.
The Secretary of State shall only give a direction under subsection (4) if it appears to him to be reasonable to do so having regard to the local circumstances.
For the purposes of subsection (1)—
paragraph 3 of Schedule 3 shall be construed as not extending to the enlargement of a building which was in existence on 1st July 1948 if—
the building contains two or more separate dwellings divided horizontally from each other or from some other part of the building; and
the enlargement would result in either an increase in the number of such dwellings contained in the building or an increase of more than one-tenth in the cubic content of any such dwelling contained in the building;
that paragraph shall be construed as not extending to works involving any increase in the cubic content of a building erected after that date (including any building resulting from the carrying out of such works as are described in paragraph 1 of Schedule 3); and
paragraph 7 of that Schedule shall not apply to any such building as mentioned in paragraph (b).
For the purposes of this section the conditions referred to in sections 91 and 92 shall be disregarded.
No compensation shall be payable under this section in respect of an interest in land in respect of which a purchase notice is served.
This section shall have effect where an order is made under section 102—
requiring a use of land to be discontinued,
imposing conditions on the continuance of it, or
requiring any buildings or works on land to be altered or removed.
If, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that any person has suffered damage in consequence of the order— that authority shall pay to that person compensation in respect of that damage.
by depreciation of the value of an interest to which he is entitled in the land or in minerals in, on or under it, or
by being disturbed in his enjoyment of the land or of such minerals,
Without prejudice to subsection (2), any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the local planning authority compensation in respect of any expenses reasonably incurred by him in that behalf.
Any compensation payable to a person under this section by virtue of such an order as is mentioned in subsection (1) shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order.
Subject to section 116, this section applies where such an order as is mentioned in subsection (6) is made as it applies where an order is made under section 102.
The orders referred to in subsection (5) are an order under paragraph 1 of Schedule 9— or an order under paragraph 3, 5 or 6 of that Schedule.
requiring a use of land to be discontinued, or
imposing conditions on the continuance of it, or
requiring any buildings or works or plant or machinery on land to be altered or removed,
Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under— 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.
section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or
paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing,
Any such regulations may make provision— and may also make different provision for different cases ....
as to circumstances in which compensation is not to be payable;
for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;
for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,
No such regulations shall be made by the Secretary of State unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.
Before making any such regulations the Secretary of State or (as the case may be) the Welsh Ministers shall consult such persons as appear to him or them to be representative—
of persons carrying out mining operations;
of owners of interests in land containing minerals; and
of mineral planning authorities.
For the purpose of assessing any compensation to which this section applies, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
Subject to regulations by virtue of section 116, this section applies to any compensation which under the provisions of this Part is payable in respect of depreciation of the value of an interest in land.
Where an interest in land is subject to a mortgage—
any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the mortgage;
a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;
no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and
any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.
Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this Part shall be referred to and determined by the Upper Tribunal.
In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.
This Part shall have effect for enabling compensation to be claimed in respect of planning decisions by which permission for the carrying out of new development of land is refused or is granted subject to conditions, in cases where at the time of the decision the land, or part of the land, has an unexpended balance of established development value.
Schedule 12 shall have effect for the purpose of determining whether land has an unexpended balance of established development value for the purposes of this Part and, if so, what the amount of that balance is and for making further provision with respect to those questions.
In accordance with subsection (5) of section 63, subsection (3) of that section does not apply for the purposes of this Part.
In this Part—
“interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it; and
“local planning authority”, in relation to a planning decision, means the authority who made the decision.
at the time of the decision he is entitled to an interest in any land to which the decision relates which has an unexpended balance of established development value; and
the value of that interest or, in the case of an interest extending to other land, the value of that interest in so far as it subsists in the land referred to in paragraph (a) is depreciated by the decision.
Compensation under this Part shall not be payable—
in respect of the refusal of planning permission for any development which consists of or includes the making of any material change in the use of any buildings or other land; or
in respect of any decision made on an application in pursuance of regulations under section 220 for consent to the display of advertisements.
Compensation under this Part shall not be payable in respect of the imposition, on the granting of planning permission to develop land, of any condition relating to— or in respect of any condition subject to which permission is granted for the winning and working of minerals.
the number or disposition of buildings on any land;
the dimensions, design, structure or external appearance of any building, or the materials to be used in its construction;
the manner in which any land is to be laid out for the purposes of the development, including the provision of facilities for the parking, loading, unloading or fuelling of vehicles on the land;
the use of any buildings or other land; or
the location or design of any means of access to a highway or the materials to be used in the construction of any such means of access,
In subsection (2) “means of access to a highway” does not include a service road.
Compensation under this Part shall not be payable in respect of the application to any planning permission of any of the conditions referred to in sections 91 and 92.
Subject to subsection (6), compensation under this Part shall not be payable in respect of the refusal of permission to develop land, if the reason or one of the reasons stated for the refusal is that development of the kind proposed would be premature by reference to either or both of the following matters, that is to say—
the order of priority (if any) indicated in the development plan for the area in which the land is situated for development in that area;
any existing deficiency in the provision of water supplies or sewerage services, and the period within which any such deficiency may reasonably be expected to be made good.
Subsection (5) shall not apply if—
the reason or one of the reasons stated as mentioned in that subsection is that the development would be premature by reference to the matters mentioned in paragraph (a) of that subsection, and
the planning decision refusing the permission is made on an application made more than seven years after the date of a previous planning decision by which permission to develop the same land was refused for the same reason, or for reasons which included the same reason.
Compensation under this Part shall not be payable in respect of the refusal of permission to develop land if the reason or one of the reasons stated for the refusal is that the land is unsuitable for the proposed development on account of its liability to flooding or to subsidence.
For the purposes of this section, a planning decision by which permission to develop land is granted subject to a condition prohibiting development on a specified part of that land shall be treated as a decision refusing the permission with respect to that part.
Subject to subsection (2), compensation under this Part shall not be payable in respect of a planning decision by which permission is refused for the development of land if, notwithstanding that refusal, there is available with respect to that land planning permission for development to which this section applies.
Where such permission is available with respect to part only of the land, this section shall have effect only in so far as the interest subsists in that part.
Where a claim for compensation under this Part is made in respect of an interest in any land, planning permission for development to which this section applies shall be taken for the purposes of this section to be available with respect to that land or a part of it if, immediately before the Secretary of State gives notice of his findings in respect of that claim, there is in force with respect to that land, or that part of it, a grant of, or an undertaking by the Secretary of State to grant, planning permission for some such development, subject to no conditions other than such as are mentioned in section 121(2).
This section applies to any development which—
is of a residential, commercial or industrial character, and
consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination of them.
Where an interest in any land has (whether before or after the commencement of this Act) been compulsorily acquired by, or sold to, an authority possessing compulsory purchase powers (other than statutory undertakers or the British Coal Corporation), that authority, and any person deriving title from that authority under a disposition made by that authority on or at any time after 1st July 1948, shall not be entitled to compensation under this Part in respect of a planning decision made after the service of the notice to treat or, as the case may be, after the making of the contract of sale by reason that the value of that interest, or of any interest created (whether immediately or derivatively) out of that interest, is depreciated by the decision.
Subsection (1) shall apply to land which has at any time on or after 1st July 1948 (whether before or after the commencement of this Act) been appropriated by a local authority for a purpose for which the authority could have been authorised to acquire the land compulsorily as it applies to land in which an interest has been acquired as mentioned in that subsection, with the substitution for the reference to the service of the notice to treat of a reference to the appropriation.
Where at the relevant date any land was or is operational land of statutory undertakers, or land of the British Coal Corporation of a class specified in regulations made under section 90 of the 1947 Act or under section 273 of the 1971 Act or under section 317 of this Act, the statutory undertakers or, as the case may be, the British Coal Corporation and any person deriving title from those undertakers or that Corporation shall not be entitled to compensation under this Part, in respect of a planning decision made after the relevant date, by reason that the value of any interest in that land is depreciated by that decision.
In subsection (3) “the relevant date”—
in relation to land which was such operational land or land of the British Coal Corporation as is mentioned in that subsection on 1st January 1955, means that day, and
in relation to land which (whether before or after the commencement of this Act) became or becomes such operational land or land of the British Coal Corporation on a date subsequent to 1st January 1955, means that subsequent date.
A person shall not be entitled to compensation under this Part in respect of depreciation of the value of an interest in land by a planning decision if he is entitled to compensation by virtue of section 108 in respect of depreciation of the value of that interest by that decision.
This section shall have effect where—
on an application for planning permission for the carrying out of new development of land, a planning decision is made by which the permission is granted, whether unconditionally or subject to conditions; and
the Secretary of State certifies that he is satisfied that particular buildings or works to which the application related were only included in it because the applicant had reason to believe that permission for the other development to which the application related (in this section referred to as “the principal development”) would not have been granted except subject to a condition requiring the erection or construction of those buildings or works.
Where subsection (1) applies, then for the purposes of this Part—
the application shall be deemed to have included, in the place of those buildings or works, such other development of the land on which the buildings or works were to be erected or constructed as might reasonably have been expected to have been included having regard to the principal development; and
the permission shall be deemed to have been granted for the principal development subject to a condition requiring the erection or construction of those buildings or works.
Where a person is entitled to compensation under this Part in respect of depreciation by a planning decision of the value of an interest in land, the amount of the compensation, subject to the following provisions of this section, shall be—
the amount by which the value of that interest, in so far as it subsists in land to which this section applies, is depreciated by the decision; or
if less, the amount of the unexpended balance of established development value, immediately before the decision, of so much of the land in which the interest subsists as is land to which this section applies.
Land to which this section applies, in relation to a planning decision, is land which—
constitutes or forms part of the decision area; and
at the time of the decision has an unexpended balance of established development value.
If, in the case of any land to which this section applies— the amount mentioned in that paragraph shall be allocated between those interests in proportion to the depreciation of the value of each of them respectively, and the amount of the compensation payable in respect of any of those interests shall be the sum so allocated to that interest.
compensation is payable under this Part in respect of two or more interests in that land by reason of the same planning decision, and
the aggregate amount of compensation payable apart from this subsection in respect of those interests would exceed the amount mentioned in paragraph (b) of subsection (1),
Where the land constituting the decision area, taken as a whole, does not satisfy both of the following conditions, that is to say— subsection (5) has effect for the purpose of assessing the compensation payable under this Part in respect of any interest subsisting in that land or any part of it.
that at the time of the decision it has an unexpended balance of established development value; and
that every interest subsisting in it, the value of which is depreciated by the decision, subsists in the whole of that land,
Where this subsection applies in relation to an interest in land—
the depreciation of the value of the interest by the planning decision shall first be ascertained with reference to the whole of the land which constitutes or forms part of the decision area and is land in which that interest subsists;
the land referred to in paragraph (a) shall then be treated as divided into as many parts as may be requisite to ensure that each such part consists of land which either—
satisfies both of the conditions mentioned in subsection (4); or
is not land which, at the time of the decision, has an unexpended balance of established development value; and
the depreciation of the value of the interest, ascertained in accordance with paragraph (a), shall then be apportioned between those parts, according to the nature of those parts and the effect of the planning decision in relation to each of them; and
the amount of the compensation shall be the aggregate of the amounts which would be payable by virtue of the previous provisions of this section if the planning decision had been made separately with respect to each of those parts.
In this section “the decision area” in relation to a planning decision means the aggregate of the land to which the decision relates.
For the purposes of this Part, the value of an interest in land, or of an interest in so far as it subsists in particular land, shall be taken to be depreciated by a planning decision (in this section referred to as “the relevant decision”) if, and to the extent to which, that value, calculated in accordance with this section, falls short of what that value so calculated would have been if the relevant decision had been a decision to the contrary effect.
Subject to the following provisions of this section, any such value shall for the purposes of this section be calculated—
as at the time of the relevant decision; but
as affected by that decision, by any grant of planning permission made after that decision and in force immediately before the Secretary of State gives notice of his findings on the claim for compensation in respect of that decision, and by any undertaking to grant planning permission so in force; and
on the assumption that, after the relevant decision and apart from any such permission or undertaking as is mentioned in paragraph (b), planning permission would not be granted for any new development of the land in question, but would be granted for any development of it other than new development.
If in consequence of another planning decision or of an order, being a decision or order made— compensation to which this subsection applies has become or becomes payable in respect of that other planning decision or that order, the calculation to be made under this section shall be made as if that other planning decision had been a decision to the contrary effect or, as the case may be, that order had not been made.
before the relevant decision; and
either in respect of the whole or part of the land to which the relevant decision relates or in respect of land which includes the whole or part of that land,
Subsection (3) applies—
to any compensation payable under this Part or under Part II or Part V of the 1954 Act or Part VI of the 1962 Act or Part VII of the 1971 Act; and
to so much of any compensation payable under section 107 of this Act, or section 164 of the 1971 Act, or section 118 of the 1962 Act, or under the provisions of those sections as applied by section 108 of this Act, or section 165 of the 1971 Act or section 119 of the 1962 Act respectively, and so much of any compensation to which Part IV of the 1954 Act applied, as is or was payable in respect of loss or damage consisting of depreciation of the value of an interest in land.
In this section “a decision to the contrary effect”—
in relation to a decision refusing permission, means a decision granting the permission subject to such condition (if any) of a description falling within section 121(2) as the authority making the decision might reasonably have been expected to impose if the permission had not been refused; and
in relation to a decision granting the permission subject to conditions, means a decision granting the permission applied for subject only to such of those conditions (if any) as fall within that section.
Compensation under this Part shall not be payable unless a claim for it is duly made in accordance with this section.
Subject to subsection (3), a claim for compensation under this Part shall not have effect unless it is made before the end of the period of six months beginning with the date of the planning decision to which it relates.
The Secretary of State may in any particular case (either before, on or after the date on which the time for claiming would otherwise have expired) allow an extended, or further extended, period for making such a claim.
Regulations made under this section may—
require claims for compensation under this Part to be made in a form prescribed by the regulations;
require a claimant to provide such evidence in support of the claim, and such information as to the interest of the claimant in the land to which the claim relates and as to the interests of other persons in it which are known to the claimant, as may be so prescribed.
Any claim for such compensation in respect of a planning decision shall be sent to the local planning authority.
That authority shall transmit the claim to the Secretary of State as soon as possible after receiving it and furnish him with—
any evidence or other information provided by the claimant in accordance with regulations made under this section; and
such other information (if any) as may be required by or under regulations made under this section, being information appearing to the Secretary of State to be relevant to the exercise of his powers under the provisions of Part III relating to the review of planning decisions where compensation is claimed.
Where a claim is transmitted to the Secretary of State under subsection (6) and it appears to the Secretary of State— he shall notify the claimant accordingly, stating on which of those grounds it appears to him that compensation is not payable, and inviting the claimant to withdraw the claim.
that the development to which the planning decision related was not new development, or
that at the time of the planning decision no part of the land to which the claim relates had an unexpended balance of established development value, or
that compensation is excluded by section 121 or 122,
Unless a claim transmitted to the Secretary of State under subsection (6) is withdrawn, the Secretary of State shall give notice of the claim to every other person (if any) appearing to him to have an interest in the land to which the planning decision related.
Where, in accordance with section 81(4), the Secretary of State gives notice of a direction under section 80 to a person who has made a claim for compensation in respect of the planning decision to which that direction relates, that person, if he does not withdraw the claim, may, at any time within 30 days after the service on him of the Secretary of State’s notice, give notice to the Secretary of State modifying the claim.
Subject to any such modification, where the Secretary of State gives a direction under section 80 in respect of a decision of a local planning authority, any claim made in respect of that decision shall have effect as if it had been made in respect of the decision which, by virtue of the direction, is substituted for the decision of the authority or, as the case may be, as if it had been made in respect of the decision of the authority as modified by the direction.
Regulations under this section shall make provision—
for requiring claims for compensation under this Part to be determined by the Secretary of State in such manner as may be prescribed;
for regulating the practice and procedure to be followed in connection with the determination of such claims;
for requiring the Secretary of State on determining any such claim—
to give notice of his findings to the claimant and to any other person who has made a claim for compensation under this Part in respect of the same planning decision, and
if his findings include an apportionment, to give particulars of the apportionment to any other person entitled to an interest in land appearing to the Secretary of State to be an interest substantially affected by the apportionment.
Subject to subsection (3), provision shall be made by such regulations—
for enabling the claimant or any other person to whom notice of the Secretary of State’s findings has been given in accordance with subsection (1), if he wishes to dispute the findings, to require them to be referred to the Lands Tribunal;
for enabling the claimant and any other person to whom particulars of an apportionment included in those findings have been so given, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Lands Tribunal;
for enabling the claimant and every other person to whom notice of any findings or apportionment has been given as mentioned in paragraph (a) or (b) to be heard by the Tribunal on any reference under this section of those findings or, as the case may be, of that apportionment; and
for requiring the Tribunal, on any such reference, either to confirm or to vary the Secretary of State’s findings or the apportionment, as the case may be, and to notify the parties of the decision of the Tribunal.
Where on a reference to the Lands Tribunal under this section it is shown that an apportionment— the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.
relates wholly or partly to the same matters as a previous apportionment, and
is consistent with that previous apportionment in so far as it relates to those matters,
Where, on a claim for compensation under this Part in respect of a planning decision, the Secretary of State determines that compensation is payable and that the amount of the compensation exceeds £20, the Secretary of State shall—
if it appears to him to be practicable to do so, apportion the amount of the compensation between different parts of the land to which the claim for compensation relates, and
include particulars of the apportionment in the notice of his findings under section 129.
In carrying out such an apportionment the Secretary of State shall divide the land into parts and distribute the compensation between them according to the way in which the different parts appear to him to be differently affected by the planning decision.
Subsections (1) and (2) shall apply on a reference to the Lands Tribunal under section 129 with the substitution for references to the Secretary of State of references to the Lands Tribunal (unless the decision of the Tribunal will not affect the amount of the compensation or any apportionment of it by the Secretary of State).
Where, on a claim for compensation under this Part in respect of a planning decision, compensation of an amount exceeding £20 has become payable, the Secretary of State shall cause notice of that fact to be deposited—
with the council of the district or London borough in which the land is situated, and
if that council is not the local planning authority, with the local planning authority.
Notices deposited under this section must specify—
the planning decision and the land to which the claim for compensation relates,
the amount of compensation, and
any apportionment of it under section 131.
Notices deposited under this section shall be local land charges, and for the purposes of the Local Land Charges Act 1975 the council with whom any such notice is deposited shall be treated as the originating authority as respects the charge constituted by it.
In relation to compensation specified in a notice registered under this section, references in this Part to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed as follows—
if the notice does not include an apportionment under section 131, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;
if the notice includes such an apportionment—
the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and
so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part.
No person shall carry out any new development to which this section applies, on land in respect of which a notice (“a compensation notice”) is registered under section 132, until any amount which is recoverable under this section in accordance with section 134 in respect of the compensation specified in the notice has been paid or secured to the satisfaction of the Secretary of State.
Subject to subsections (3) and (4), this section applies to any new development—
which is development of a residential, commercial or industrial character and consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination of them; or
which consists in the winning and working of minerals; or
to which, having regard to the probable value of the development, it is in the opinion of the Secretary of State reasonable that this section should apply.
This section shall not apply to any development by virtue of subsection (2)(c) if, on an application made to him for the purpose, the Secretary of State has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section should apply to it.
Where the compensation specified in the compensation notice became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.
Subject to the following provisions of this section, the amount recoverable under section 133 in respect of the compensation specified in a compensation notice—
if the land on which the development is to be carried out (“the development area”) is identical with, or includes (with other land) the whole of, the land comprised in the compensation notice, shall be the amount of compensation specified in that notice;
if the development area forms part of the land comprised in the compensation notice, or includes part of that land together with other land not comprised in that notice, shall be so much of the amount of the compensation specified in that notice as is attributable to land comprised in that notice and falling within the development area.
Where, in the case of any land in respect of which a compensation notice has been registered, the Secretary of State is satisfied, having regard to the probable value of any proper development of that land, that no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or part of any amount otherwise recoverable under section 133.
Where part only of any such amount has been remitted in respect of any land, the Secretary of State shall cause the compensation notice to be amended by substituting in it, for the statement of the amount of the compensation, in so far as it is attributable to that land, a statement of the amount which has been remitted under subsection (2).
Where, in connection with the development of any land, an amount becomes recoverable under section 133 in respect of the compensation specified in a compensation notice, then, except where, and to the extent that, payment of that amount has been remitted under subsection (2), no amount shall be recoverable under section 133 in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development of it.
No amount shall be recoverable under section 133 in respect of any compensation by reference to which a sum has become recoverable by the Secretary of State under section 308.
An amount recoverable under section 133 in respect of any compensation shall be payable to the Secretary of State either—
as a single capital payment, or
as a series of instalments of capital and interest combined, or
as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Secretary of State may direct.
Before giving a direction under subsection (6)(c) the Secretary of State shall take into account any representations made by the person by whom the development is to be carried out.
Except where the amount payable under subsection (6) is payable as a single capital payment, it shall be secured by the person by whom the development is to be carried out in such manner (whether by mortgage, covenant or otherwise) as the Secretary of State may direct.
If any person initiates any new development to which section 133 applies in contravention of subsection (1) of that section, the Secretary of State may serve a notice on him—
specifying the amount appearing to the Secretary of State to be the amount recoverable under that section in respect of the compensation in question, and
requiring him to pay that amount to the Secretary of State within such period as may be specified in the notice.
The period specified under subsection (9)(b) must not be less than three months after the service of the notice.
Regulations made under this section may make provision— in cases where, apart from this section, the right to claim the compensation is exercisable by reference to an interest in land which is subject to a mortgage, or to a rentcharge, or to the trusts of a settlement, or which was so subject at a time specified in the regulations.
as to the exercise of the right to claim compensation under this Part,
as to the person to whom such compensation or any part of it is to be paid, and
as to the application of any such compensation or any part of it,
In relation to any case where by virtue of any such regulations compensation or a part of it is to be paid to the owner of a rentcharge, the regulations may—
make similar provision to that made by section 25 of the War Damage Act 1943 (rights of owners of rentcharges as to payments for war damage) but with such adaptations and modifications as may be prescribed, and
provide for disputes arising under the regulations, so far as they relate to rentcharges, to be referred to the Lands Tribunal for determination by it.
In calculating value for any of the purposes of this Part—
subject to subsection (2), rules (2) to (4) of the rules set out in section 5 of the Land Compensation Act 1961 shall apply with the necessary modifications; and
any mortgage to which the interest to be valued is subject shall be disregarded.
Rule (3) of those rules shall not apply for the purposes of paragraph 15 of Schedule 12.
Where for the purposes of any of the provisions of this Part— that date shall be taken to be such as appears reasonable and probable having regard to the interests of the party by whom the option is exercisable, or in whose favour the right operates, and to any other material considerations subsisting at the time when the calculation of value falls to be made.
value falls to be calculated by reference to the duration of a tenancy, and
by reason of any option or other contractual right with respect to the determination, renewal or continuance of the tenancy, the date of expiry of the tenancy is not ascertainable with certainty,
This section applies where—
on an application for planning permission to develop any land, permission is refused or is granted subject to conditions; or
by an order under section 97 planning permission in respect of any land is revoked, or is modified by the imposition of conditions; or
an order is made under section 102 or paragraph 1 of Schedule 9 in respect of any land.
If— he may, within the prescribed time and in the prescribed manner, serve on the council of the district , Welsh county, county borough or London borough in which the land is situated a notice (in this Act referred to as “a purchase notice”) requiring that council to purchase his interest in the land in accordance with this Chapter.
in the case mentioned in subsection (1)(a) or (b), any owner of the land claims that the conditions mentioned in subsection (3) are satisfied with respect to it, or
in the case mentioned in subsection (1)(c), any person entitled to an interest in land in respect of which the order is made claims that the conditions mentioned in subsection (4) are satisfied with respect to it,
The conditions mentioned in subsection (2)(a) are—
that the land has become incapable of reasonably beneficial use in its existing state; and
in a case where planning permission was granted subject to conditions or was modified by the imposition of conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions; and
in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted or for which the local planning authority or the Secretary of State has undertaken to grant planning permission.
The conditions mentioned in subsection (2)(b) are—
that by reason of the order the land is incapable of reasonably beneficial use in its existing state; and
that it cannot be rendered capable of reasonably beneficial use by the carrying out of any development for which planning permission has been granted, whether by that order or otherwise.
For the purposes of subsection (1)(a) and any claim arising in the circumstances mentioned in that subsection, the conditions referred to in sections 91 and 92 shall be disregarded.
A person on whom a repairs notice has been served under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 shall not be entitled to serve a notice under this section in the circumstances mentioned in subsection (1)(a) in respect of the building in question—
until the expiration of three months beginning with the date of the service of the repairs notice; and
if during that period the compulsory acquisition of the building is begun in the exercise of powers under section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 137 of the Historic Environment (Wales) Act 2023, unless and until the compulsory acquisition is discontinued.
For the purposes of subsection (6) a compulsory acquisition—
is started when the notice required by section 12 of the Acquisition of Land Act 1981 or, as the case may be, paragraph 3 of Schedule 1 to that Act is served; and
is discontinued—
in the case of acquisition by the Secretary of State or the Welsh Ministers, when he decides or they decide not to make the compulsory purchase order or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981; and
in any other case, when the order is withdrawn or the Secretary of State decides not to confirm it or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981.
No purchase notice shall be served in respect of an interest in land while the land is incapable of reasonably beneficial use by reason only of such an order as is mentioned in subsection (1)(c), except by virtue of a claim under subsection (2)(b).
Where, for the purpose of determining whether the conditions specified in section 137(3) or (4) are satisfied in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any unauthorised prospective use of that land.
A prospective use of land shall be regarded as unauthorised for the purposes of subsection (1)—
if it would involve the carrying out of development other than any development specified in paragraph 1 or 2 of Schedule 3;or
in the case of a purchase notice served in consequence of a refusal or conditional grant of planning permission, if it would contravene the condition set out in Schedule 10.
A purchase notice may be served in respect of Crown land only as mentioned in this section.
The owner of a private interest in Crown land must not serve a purchase notice unless—
he first offers to dispose of his interest to the appropriate authority on equivalent terms, and
the offer is refused by the appropriate authority.
The appropriate authority may serve a purchase notice in relation to the following land—
land belonging to Her Majesty in right of Her private estates;
land belonging to Her Majesty in right of the Duchy of Lancaster;
land belonging to the Duchy of Cornwall;
land which forms part of the Crown Estate.
An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a purchase notice.
Expressions used in this section and in Part 13 must be construed in accordance with that Part.
The council on whom a purchase notice is served shall serve on the owner by whom the purchase notice was served a notice (a “response notice”) stating either—
that the council are willing to comply with the purchase notice; or
that another local authority or statutory undertakers specified in the response notice have agreed to comply with it in their place; or
that for reasons so specified the council are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place, and that they have sent the Secretary of State a copy of the purchase notice and of the response notice.
A response notice must be served before the end of the period of three months beginning with the date of service of the purchase notice.
Where the council on whom a purchase notice is served by an owner have served a response notice on him in accordance with subsection (1)(a) or (b), the council or, as the case may be, the other local authority or statutory undertakers specified in the response notice shall be deemed—
to be authorised to acquire the interest of the owner compulsorily in accordance with the relevant provisions, and
to have served a notice to treat in respect of it on the date of service of the response notice.
Where the council propose to serve such a response notice as is mentioned in subsection (1)(c), they must first send the Secretary of State a copy—
of the proposed response notice, and
of the purchase notice.
A notice to treat which is deemed to have been served by virtue of subsection (3)(b) may not be withdrawn under section 31 of the Land Compensation Act 1961.
Where a copy of a purchase notice is sent to the Secretary of State under section 139(4), he shall consider whether to confirm the notice or to take other action under section 141 in respect of it.
Before confirming a purchase notice or taking such other action, the Secretary of State must give notice of his proposed action—
to the person who served the purchase notice;
to the council on whom it was served;
in England outside Greater London—
to the county planning authority and also, where that authority is a joint planning board, to the county council; and
if the district council on whom the purchase notice in question was served is a constituent member of a joint planning board, to that board;
if the Secretary of State proposes to substitute any other local authority or statutory undertakers for the council on whom the notice was served, to them.
in Wales, to the local planning authority, where it is a joint planning board; and
A notice under subsection (2) shall specify the period (which must not be less than 28 days from its service) within which any of the persons on whom it is served may require the Secretary of State to give those persons an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
If within that period any of those persons so require, before the Secretary of State confirms the purchase notice or takes any other action under section 141 in respect of it he must give those persons such an opportunity.
If, after any of those persons have appeared before and been heard by the appointed person, it appears to the Secretary of State to be expedient to take action under section 141 otherwise than in accordance with the notice given by him, the Secretary of State may take that action accordingly.
Subject to the following provisions of this section and to section 142(3), if the Secretary of State is satisfied that the conditions specified in subsection (3) or, as the case may be, subsection (4) of section 137 are satisfied in relation to a purchase notice, he shall confirm the notice.
If it appears to the Secretary of State to be expedient to do so, he may, instead of confirming the purchase notice—
in the case of a notice served on account of the refusal of planning permission, grant planning permission for the development in question;
in the case of a notice served on account of planning permission for development being granted subject to conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development;
in the case of a notice served on account of the revocation of planning permission by an order under section 97, cancel the order;
in the case of a notice served on account of the modification of planning permission by such an order by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the development in respect of which the permission was granted; or
in the case of a notice served on account of the making of an order under section 102 or paragraph 1 of Schedule 9, revoke the order or, as the case may be, amend the order so far as appears to him to be required in order to prevent the land from being rendered incapable of reasonably beneficial use by the order.
If it appears to the Secretary of State that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which planning permission ought to be granted, he may, instead of confirming the purchase notice, or, as the case may be, of confirming it so far as it relates to that part of the land, direct that, if an application for planning permission for that development is made, it must be granted.
If it appears to the Secretary of State, having regard to the probable ultimate use of the land, that it is expedient to do so, he may, if he confirms the notice, modify it, either in relation to the whole or any part of the land, by substituting another local authority or statutory undertakers for the council on whom the notice was served.
Any reference in section 140 to the taking of action by the Secretary of State under this section includes a reference to the taking by him of a decision not to confirm the purchase notice either on the grounds that any of the conditions referred to in subsection (1) are not satisfied or by virtue of section 142.
This section applies where a purchase notice is served in respect of land which consists in whole or in part of land which has a restricted use by virtue of an existing planning permission.
For the purposes of this section, land is to be treated as having a restricted use by virtue of an existing planning permission if it is part of a larger area in respect of which planning permission has previously been granted (and has not been revoked) and either—
it remains a condition of the planning permission (however expressed) that that part shall remain undeveloped or be preserved or laid out in a particular way as amenity land in relation to the remainder; or
the planning permission was granted on an application which contemplated (expressly or by necessary implication) that the part should not be comprised in the development for which planning permission was sought, or should be preserved or laid out as mentioned in paragraph (a).
Where a copy of the purchase notice is sent to the Secretary of State under section 139(4), he need not confirm the notice under section 141(1) if it appears to him that the land having a restricted use by virtue of an existing planning permission ought, in accordance with that permission, to remain undeveloped or, as the case may be, remain or be preserved or laid out as amenity land in relation to the remainder of the large area for which that planning permission was granted.
Where the Secretary of State confirms a purchase notice— shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the relevant provisions, and to have served a notice to treat in respect of it on such date as the Secretary of State may direct.
the council on whom the purchase notice was served, or
if under section 141(4) the Secretary of State modified the purchase notice by substituting another local authority or statutory undertakers for that council, that other authority or those undertakers,
If, before the end of the relevant period, the Secretary of State has neither— the notice shall be deemed to be confirmed at the end of that period, and the council on whom the notice was served shall be deemed to be authorised as mentioned in subsection (1) and to have served a notice to treat in respect of the owner’s interest at the end of that period.
confirmed the purchase notice, nor
taken any such action in respect of it as is mentioned in section 141(2) or (3), nor
notified the owner by whom the notice was served that he does not propose to confirm the notice,
Subject to subsection (4), for the purposes of subsection (2) the relevant period is—
the period of nine months beginning with the date of service of the purchase notice; or
if it ends earlier, the period of six months beginning with the date on which a copy of the purchase notice was sent to the Secretary of State.
The relevant period does not run if the Secretary of State has before him at the same time both—
a copy of the purchase notice sent to him under section 139(4); and
a notice of appeal under section 78, 174 or 195 of this Act or under section 20 or 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 100 or 127 of the Historic Environment (Wales) Act 2023 (appeals against refusal of listed building consent, etc. and appeals against listed building enforcement notices) or under section 21 of the Planning (Hazardous Substances) Act 1990 (appeals against decisions and failure to take decisions relating to hazardous substances) relating to any of the land to which the purchase notice relates.
Where— the purchase notice shall be treated as cancelled, but the owner may serve a further purchase notice in its place.
the Secretary of State has notified the owner by whom a purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice; and
that decision is quashed under Part XII,
The reference in subsection (5) to a decision to confirm, or not to confirm, the purchase notice includes—
any decision not to confirm the notice in respect of any part of the land to which it relates, and
any decision to grant any permission, or give any direction, instead of confirming the notice, either wholly or in part.
For the purposes of determining whether a further purchase notice under subsection (5) was served within the period prescribed for the service of purchase notices, the planning decision in consequence of which the notice was served shall be treated as having been made on the date on which the decision of the Secretary of State was quashed.
A notice to treat which is deemed to have been served by virtue of subsection (1) or (2) may not be withdrawn under section 31 of the Land Compensation Act 1961.
Where compensation is payable by virtue of section 107 in respect of expenditure incurred in carrying out any works on land, any compensation payable in respect of the acquisition of an interest in the land in pursuance of a purchase notice shall be reduced by an amount equal to the value of those works.
Where— that authority shall pay the person entitled to that interest compensation of an amount equal to the difference.
the Secretary of State directs under section 141(3) that, if an application for it is made, planning permission must be granted for the development of any land, and
on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that the permitted development value of the interest in that land in respect of which the purchase notice was served is less than its Schedule 3 value,
If the planning permission mentioned in subsection (2)(a) would be granted subject to conditions for regulating the design or external appearance, or the size or height of buildings, or for regulating the number of buildings to be erected on the land, the Secretary of State may direct that in assessing any compensation payable under subsection (2) those conditions must be disregarded, either altogether or to such extent as may be specified in the direction.
The Secretary of State may only give a direction under subsection (3) if it appears to him to be reasonable to do so having regard to the local circumstances.
Sections 117 and 118 shall have effect in relation to compensation under subsection (2) as they have effect in relation to compensation to which those sections apply.
In this section—
Where a purchase notice in respect of an interest in land is served in consequence of an order under section 102 or paragraph 1 of Schedule 9, then if— no compensation shall be payable in respect of that order under section 115.
that interest is acquired in accordance with this Chapter; or
compensation is payable in respect of that interest under subsection (2),
This section applies where—
an acquiring authority is deemed under this Chapter to have served notice to treat in respect of any agricultural land on a person (“the claimant”) who has a greater interest in the land than as tenant for a year or from year to year (whether or not he is in occupation of the land), and
the claimant has such an interest in other agricultural land (“the unaffected area”) comprised in the same agricultural unit as that to which the notice relates.
Where this section applies the claimant may serve on the acquiring authority a counter-notice—
claiming that the unaffected area is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
requiring the acquiring authority to purchase his interest in the whole of the unaffected area.
Subject to subsection (4), “other relevant land” in subsection (2) means—
land which is comprised in the same agricultural unit as the land to which the notice to treat relates and in which the claimant does not have such an interest as is mentioned in subsection (1); and
land which is comprised in any other agricultural unit occupied by the claimant on the date on which the notice to treat is deemed to have been served and in respect of which he is then entitled to a greater interest than as tenant for a year or from year to year.
Where a notice to treat has been served or is deemed under this Chapter or under Part III of the Compulsory Purchase (Vesting Declarations) Act 1981 to have been served in respect of any of the unaffected area or in respect of other relevant land as defined in subsection (3), then, unless and until the notice to treat is withdrawn, this section and section 146 shall have effect as if that land did not form part of the unaffected land or, as the case may be, did not constitute other relevant land.
Where a counter-notice is served under subsection (2) the claimant shall also serve a copy of it on any other person who has an interest in the unaffected area (but failure to comply with this subsection shall not invalidate the counter-notice).
A counter-notice under subsection (2) and any copy of that notice required to be served under subsection (5) must be served within the period of two months beginning with the date on which the notice to treat is deemed to have been served.
This section is without prejudice to the rights conferred by sections 93 and 94 of the Lands Clauses (Consolidation) Act 1845 or section 8(2) and (3) of the Compulsory Purchase Act 1965 (provisions as to divided land).
If the acquiring authority do not within the period of two months beginning with the date of service of a counter-notice under section 145 agree in writing to accept the counter-notice as valid, the claimant or the authority may, within two months after the end of that period, refer it to the Upper Tribunal.
On such a reference the Tribunal shall determine whether the claim in the counter-notice is justified and declare the counter-notice valid or invalid accordingly.
Where a counter-notice is accepted as valid under subsection (1) or declared to be valid under subsection (2), the acquiring authority shall be deemed—
to be authorised to acquire compulsorily the interest of the claimant in the land to which the requirement in the counter-notice relates under the same provision of this Chapter as they are authorised to acquire the other land in the agricultural unit in question; and
to have served a notice to treat in respect of it on the date on which notice to treat is deemed to have been served under that provision.
A claimant may withdraw a counter-notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the counter-notice has been determined by the Upper Tribunal or at any time before the end of six weeks beginning with the date on which it is determined.
Where a counter-notice is withdrawn by virtue of subsection (4) any notice to treat deemed to have been served in consequence of it shall be deemed to have been withdrawn.
Without prejudice to subsection (5), a notice to treat deemed to have been served by virtue of this section may not be withdrawn under section 31 of the Land Compensation Act 1961.
The compensation payable in respect of the acquisition of an interest in land in pursuance of a notice to treat deemed to have been served by virtue of this section shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) of the Land Compensation Act 1973.
Where by virtue of this section the acquiring authority become or will become entitled to a lease of any land but not to the interest of the lessor—
the authority shall offer to surrender the lease to the lessor on such terms as the authority consider reasonable;
the question of what is reasonable may be referred to the Upper Tribunal by the authority or the lessor and, if at the expiration of the period of three months after the date of the offer mentioned in paragraph (a) the authority and the lessor have not agreed on that question and that question has not been referred to the Tribunal by the lessor, it shall be so referred by the authority;
if that question is referred to the Tribunal, the lessor shall be deemed—
to have accepted the surrender of the lease at the expiry of one month after the date of the determination of the Tribunal or on such other date as the Tribunal may direct, and
to have agreed with the authority on the terms of surrender which the Tribunal has held to be reasonable.
For the purposes of subsection (8) any terms as to surrender contained in the lease shall be disregarded.
Where the lessor— they may pay into court any such sum payable to the lessor and section 9(2) and (5) of the Compulsory Purchase Act 1965 (deposit of compensation in cases of refusal to convey etc.) shall apply to that sum with the necessary modifications.
refuses to accept any sum payable to him by virtue of subsection (8), or
refuses or fails to make out his title to the satisfaction of the acquiring authority,
Where an acquiring authority who become entitled to the lease of any land as mentioned in subsection (8) are a body incorporated by or under any enactment, the corporate powers of the authority shall, if they would not otherwise do so, include the power to farm that land.
Sections 145 and 146 apply in relation to the acquisition of interests in land by government departments which possess compulsory purchase powers as they apply in relation to the acquisition of interests in land by authorities who are not government departments.
In sections 145, 146 and this section—
in the case of any other hereditament, the value attributable to that hereditament in accordance with subsections (2) and (3);
the claimant, without referring that objection to the Upper Tribunal and before the time for so referring it has expired, gives notice to the appropriate authority that he withdraws his claim as to the unaffected area; or
on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 159(5),
an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
“bridleway” has the same meaning as in the Highways Act 1980;
“agricultural unit” has the meaning given in section 171(1);
In this Chapter— “statutory undertakers” includes electronic communications code operators and former PTOs.
“means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;
they may by order— as the case may be.
“relevant acquisition or appropriation” means an acquisition made by a Minister, a local authority or statutory undertakers under this Part or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or compulsorily under any other enactment, or an appropriation by a local authority for planning purposes.
it has been proved that any steps required by the enforcement notice have not been taken within the compliance period, and
Section 1.
In this Schedule “county matter” means in relation to any application, order or notice— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The functions of a local planning authority of determining— shall, subject to sub-paragraph (2), be exercised by the district planning authority. The functions of a local planning authority of determining any such application as is mentioned in sub-paragraph (1) which relates to a county matter shall be exercised by the county planning authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The previous provisions of this paragraph shall not apply to applications relating to land in a National Park ....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where any application for planning permission or permission in principle, for a certificate under section 191 or 192 or for consent to the display of advertisements under section 220, relating in each case to land in a National Park or an application so relating for approval of a matter reserved under an outline planning permission within the meaning of section 92 falls to be determined by a National Park authority. . ., that authority shall before determining it consult with any authority which (but for section 4A) would be . . . the district planning authority for the area in which the land to which the application relates is situated.
The Secretary of State may include in a development order such provisions as he thinks fit enabling a local highway authority to impose restrictions on the grant by the local planning authority of planning permission for the following descriptions of development relating to land in the area of the local highway authority— The reference to a local planning authority in sub-paragraph (1) does not include a development corporation planning authority; and no provision of a development order which is included in it by virtue of that sub-paragraph is to be construed as applying to such a corporation. The Secretary of State may include in a development order provision enabling a local highway authority to impose restrictions on the grant by a development corporation planning authority of planning permission for such descriptions of development as may be specified in the order. In this paragraph, “development corporation planning authority” means—
A development order may also include provision requiring a county planning authority who are determining any application mentioned in paragraph 3 and relating to a county matter, or an application for approval of a matter reserved under an outline planning permission within the meaning of section 92 and so relating, to give the district planning authority for the area in which the land to which the application relates is situated an opportunity to make recommendations to the county planning authority as to the manner in which the application is determined, and to take into account any such recommendations. It may also include provision requiring a county or district planning authority who have received any application so mentioned or any application for such approval . . .) to notify the district or, as the case may be, county planning authority 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.
A local planning authority must not determine an application for planning permission or permission in principle to which the consultation requirements apply unless it complies with sub-paragraph (7). The consultation requirements are— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This sub-paragraph applies to— The consultation requirements do not apply— A direction under sub-paragraph (5) may be given in respect of a particular application or a description of application. If the consultation requirements apply the local planning authority— Sub-paragraph (7)(c) does not apply if before the end of the period mentioned in that sub-paragraph— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A relevant county policy is a policy contained in a relevant document, plan or revision which— In sub-paragraph (10)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The 2004 Act is the Planning and Compulsory Purchase Act 2004.
This paragraph applies to the functions of local planning authorities under any of sections 61E to 61Q and Schedules 4B and 4C (neighbourhood development orders). Those functions are to be exercised by a district planning authority in any area of a non-metropolitan county.
A local planning authority who have the function of determining applications for planning permission or permission in principle shall, if requested to do so by the council of any parish . . . situated in their area, notify the council of— In sub-paragraph (1) “ a relevant planning application ” means an application which— 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. Sub-paragraph (3B) applies to a local planning authority who have the function of determining applications for planning permission or permission in principle if— The local planning authority must notify the parish council of— Sub-paragraph (3B) does not apply if the parish council have notified the local planning authority in writing that they do not wish to be notified of any such application. If the parish council have notified the local planning authority in writing that they only wish to be notified under sub-paragraph (3B) of applications of a particular description, that sub-paragraph only requires the authority to notify the council of applications of that description. For the purposes of sub-paragraphs (3A) to (3D)— An authority shall comply with a duty under this paragraph to notify a council of an application by— and any notification falling within paragraph (b) shall be in writing. An authority shall comply with a duty under this paragraph to notify a council of an alteration by— but they need not notify a council of an alteration which in their opinion is trivial. A development order may require a local planning authority which is dealing with an application of which a council is entitled to be notified—
The functions of local planning authorities under the provisions of this Act relating to simplified planning zone schemes shall be exercised in non-metropolitan counties by the district planning authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Elsewhere than in a National Park, the functions of a local planning authority under section 93H or 94 shall be exercisable by the district planning authority, except that where the relevant planning permission was granted by the county planning authority, those functions, so far as relating to that permission, shall be exercisable by the county planning authority and also by the district planning authority after consulting the county planning authority.
A local planning authority who have the function of determining applications for planning permission or permission in principle shall, if requested to do so by a neighbourhood forum for an area which (or any part of which) is situated in the authority's area, notify the neighbourhood forum of— Sub-paragraph (1B) applies to a local planning authority who have the function of determining applications for planning permission or permission in principle if— The local planning authority must notify the neighbourhood forum of— Sub-paragraph (1B) does not apply if the neighbourhood forum has notified the local planning authority in writing that it does not wish to be notified of any such application. If the neighbourhood forum has notified the local planning authority in writing that it only wishes to be notified under sub-paragraph (1B) of applications of a particular description, that sub-paragraph only requires the authority to notify the forum of applications of that description. In this paragraph— Sub-paragraphs (3) and (4) to (6) of paragraph 8 have effect for the purposes of this paragraph, any reference to a parish council being read as a reference to a neighbourhood forum.
The functions of a local planning authority of— shall, subject to sub-paragraphs (2) to (4), be exercisable by the district planning authority. In a case where it appears to the district planning authority of a district in a non-metropolitan county that the functions mentioned in sub-paragraph (1) relate to county matters, they shall not exercise those functions without first consulting the county planning authority. Subject to sub-paragraph (4), in a non-metropolitan county those functions shall also be exercisable by a county planning authority in a case where it appears to that authority that they relate to a matter which should properly be considered a county matter. In relation to a matter which is a county matter by virtue of any of the provisions of paragraph 1(1)(a) to (h) the functions of a local planning authority specified in sub-paragraph (1)(b) shall only be exercisable by the county planning authority in their capacity as mineral planning authority.
In sections 178(1), 181(4)(b) and 190(2) to (5) any reference to the local planning authority shall be construed as a reference to the authority who issued the notice or made the order in question or, in the case of an notice issued or an order made by the Secretary of State, the authority named in the notice or order.
In the case of any area for which there is both a district planning authority and a county planning authority, the county planning authority may only make a tree preservation order— Where a local planning authority have made a tree preservation order under section 198 or the Secretary of State has made such an order by virtue of section 202, the powers of varying or revoking the order and the powers of dispensing with section 206 or serving, or appearing on an appeal relating to, a notice under section 207 shall be exercisable only by the authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order.
The functions of local planning authorities under sections 69, 211, 214, 220, 221, 224 and 225, and in non-metropolitan counties the functions under section 215, are exercisable by district planning authorities.
The copy of the notice required to be served by paragraph 4(5) of Schedule 8 on a local planning authority shall, in the case of a proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department, be served on the local planning authority who, in the opinion of the Secretary of State, would have been responsible for dealing with an application for planning permission for the development in question if such an application had fallen to be made. References in paragraphs 3(2) and 5(1) of that Schedule to the local planning authority shall be construed as references to the local planning authority on whom that copy is required to be served.
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
Claims for payment of compensation under section 107 (including that section as applied by section 108) and sections . . . 115(1) to (4), 186 and 223 shall, subject to sub-paragraph (3), be made to and paid by the local planning authority who took the action by virtue of which the claim arose or, where that action was taken by the Secretary of State, the local planning authority from whom the appeal was made to him or who referred the matter to him or, in the case of an order made or notice served by him by virtue of section 100, 104 or 185, the appropriate authority, and references in those sections to a local planning authority shall be construed accordingly. In this paragraph “appropriate authority” means— The Secretary of State may after consultation with all the authorities concerned direct that where a local planning authority is liable to pay compensation under any of the provisions mentioned in sub-paragraph (1) in any particular case or class of case they shall be entitled to be reimbursed the whole of the compensation or such proportion of it as he may direct from one or more authorities specified in the direction. The local planning authority by whom compensation is to be paid and to whom claims for compensation are to be made under section 144(2) shall be the district planning authority.
Claims for payment of compensation under a tree preservation order by virtue of section 203, and claims for payment of compensation under section 204 by virtue of directions given in pursuance of such an order, shall be made to and paid by the local planning authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order; and the reference in section 204(2) to the authority exercising functions under the tree preservation order shall have effect subject to the provisions of this paragraph.
The local planning authority by whom compensation is to be paid under section 279(1)(a) to statutory undertakers shall be the authority who referred the application for planning permission or permission in principle to the Secretary of State and the appropriate Minister, or from whose decision the appeal was made to them or who served the enforcement notice appealed against, as the case may be.
Elsewhere than in a metropolitan county or a National Park the functions conferred by section 302 and Schedule 15 on the authority responsible for enforcing planning control shall, subject to sub-paragraph (3)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . As respects the area of any National Park for which a National Park authority is the local planning authority those functions shall be exercised by that authority. Every application made under subsection (3) of that section to an authority responsible for enforcing planning control shall be made to the district planning authority who, in the case of an application falling to be determined by the county planning authority, shall send it on to the latter. A county planning authority determining any such application shall give the district planning authority for the area in which the land to which the application relates is situated an opportunity to make recommendations to the county planning authority as to the manner in which the application should be determined and shall take any such recommendations into account. A county or district planning authority who have dealt with any such application shall notify the district or, as the case may be, the county planning authority of the terms of their determination or, in a case where the application has been referred to the Secretary of State, the date when it was so referred.
The local planning authority whom the Secretary of State is required to consult under section 100(3), 104(3), 196A(3), 202(1) or 214B(6) or serve with a notice of his proposals under section 100(4) or 104(4) shall be the county planning authority or the district planning authority, as he thinks appropriate, and references in sections 100(2), (3) and (4) and 104(2), (3) and (4) and 202 to the local planning authority shall be construed accordingly. In sections 96, 182 and 185 any reference to the local planning authority shall be construed as a reference to the county planning authority or the district planning authority, as the Secretary of State thinks appropriate. 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. In paragraph 16 of Schedule 13 the reference to the local planning authority shall be construed—
Subject to sub-paragraph (2), the provisions of this Schedule do not apply in Greater London. Paragraph 5(3) of this Schedule applies in Greater London and paragraph 2(3) of Part I and of Part II of Schedule 2 shall apply as respects the temporary application of paragraph 7(1) of this Schedule in the metropolitan counties and in Greater London respectively.
Sections 28 and 54.
Subject to paragraphs 2 and 3— which immediately before the commencement of this Act was in force in the area of a local planning authority in a metropolitan county (or in that and other areas) shall continue in force in respect of the area of that authority until a unitary development plan for that area becomes operative under Chapter I of Part II of this Act or, where parts of a unitary development plan become operative on different dates, until every part of it has become operative. A plan which continues in force by virtue of this paragraph shall, while it continues in force, be treated for the purposes of this Act, any other enactment relating to town and country planning, the Land Compensation Act 1961 and the Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question. In this paragraph “old development plan” means any plan which was in force in the area in question immediately before the commencement of this Act by virtue of Schedule 7 to the 1971 Act and paragraph 18 of Schedule 1 to the Local Government Act 1985.
Where under Chapter I of Part II of this Act the Secretary of State approves all or any of Part I of a unitary development plan he may by order— Before making an order under this paragraph the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates. Until the structure plan for an area in a metropolitan county ceases to be operative under paragraph 1 or this paragraph, paragraph 7(1) of Schedule 1 shall apply in that area with the omission of the words “in a non-metropolitan county”.
Until the coming into force of Chapter I of Part II of this Act in the area of a local planning authority in a metropolitan county section 30 and the provisions of Chapter II of that Part relating to the preparation, alteration, repeal or replacement of local plans by local planning authorities which are metropolitan district councils and section 54(5) shall apply in relation to that area, but subject to the following provisions of this paragraph. In respect of the matters referred to in sub-paragraph (1) the following provisions (which relate to county planning authorities) do not apply to metropolitan district councils, namely, sections 37, 38(4), 39(4) and (5)(c), 40(2)(c), 46(2) to (6), 47, 48(2) and 50(7). A metropolitan district council may at any time— On the coming into force in any area of Chapter I of Part II of this Act, any local plan or proposal for the alteration, repeal or replacement of a local plan which— shall be treated as having been abandoned by that council or those councils. Paragraph 1 shall apply to plans which are prepared or altered in pursuance of this paragraph as it applies to those there mentioned.
A unitary development plan shall include any local plan which is in force in respect of the area in question at the time when the unitary development plan is prepared but subject to such alterations, if any, as may be specified in Part II of the unitary development plan. A unitary development plan shall as respects any such local plan indicate the extent, if any, to which it is subject to alteration in accordance with Part II of the unitary development plan. This paragraph shall not be construed as enabling any objections to be made to any part of a unitary development plan which consists of provisions of a local plan that are not subject to alterations as mentioned in sub-paragraph (1).
Subject to paragraphs 2 and 3— which immediately before the commencement of this Act was in force in the area of a local planning authority in Greater London (or in that and other areas) shall continue in force in respect of the area of that authority until a unitary development plan for that area becomes operative under Chapter I of Part II of this Act or, where parts of a unitary development plan become operative on different dates, until every part of it has become operative. A plan which continues in force by virtue of this paragraph shall, while it continues in force, be treated for the purposes of this Act, any other enactment relating to town and country planning, the Land Compensation Act 1961 and the Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question. In this paragraph “old development plan” has the same meaning as in paragraph 1 of Part I of this Schedule.
Where under Chapter I of Part II of this Act the Secretary of State approves all or any of Part I of a unitary development plan he may by order— Before making an order under this paragraph the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates. Until the Greater London Development Plan ceases to be operative in an area under paragraph 1 or this paragraph, paragraph 7(1) of Schedule 1 shall apply in that area—
Until the coming into force of Chapter I of Part II of this Act in the area of a local planning authority in Greater London, section 30 and paragraphs 4 to 16 of this Part of this Schedule and sections 49, 51, 52 and 53 (so far as those sections relate to the preparation, alteration, repeal or replacement of local plans by local planning authorities which are London borough councils) and section 54(5) shall apply in relation to that area, but subject to the following provisions of this paragraph. The matters to be examined or kept under review by a London borough council under section 30 shall be such of the matters mentioned in that section as were not examined or kept under review by the Greater London Council. In its application by virtue of this paragraph section 53(2)(f) shall have effect with the substitution for the references to section 39(2)(a) and section 39(5)(a) or 40(2)(a) of references to paragraph 8(1)(a) and (2) respectively. On the coming into force in any area of Chapter I of Part II of this Act, any local plan or proposal for the alteration, repeal or replacement of a local plan which— shall be treated as having been abandoned by that council or those councils. Paragraph 1 shall apply to plans which are prepared or altered in pursuance of this paragraph as it applies to those there mentioned.
A London borough council may at any time, if they think fit, prepare a local plan for the whole or any part of the borough (other than the whole or any part of a G.L.C. action area within the meaning of paragraph 5). Different local plans may be prepared for different purposes for the same area.
Sub-paragraph (2) applies where— 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— 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).
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In this Part of this Schedule “old development plan” means a development plan to which paragraph 2 of Schedule 7 to the 1971 Act (continuation in force of development plans prepared before structure plans became operative) applied immediately before the commencement of this Act.
Any old development plan which immediately before the commencement of this Act was in force as respects any district shall, subject to the provisions of this Part of this Schedule, continue in force as respects that district and be treated for the purposes of this Act, any other enactment relating to town and country planning, the Land Compensation Act 1961 and the Highways Act 1980 as being comprised in the development plan for that district.
Subject to the following provisions of this Part of this Schedule, where by virtue of paragraph 2 the old development plan for any district is treated as being comprised in a development plan for that district—
if there is a conflict between any of its provisions and those of the structure plan for that district, or, in the case of Greater London, the Greater London Development Plan the provisions of the structure plan or, as the case may be, that Plan shall be taken to prevail for the purposes of Parts III, V, VI, VII, VIII and IX of this Act and of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990; and
if there is a conflict between any of its provisions and those of a local plan, the provisions of the local plan shall be taken to prevail for those purposes.
Where immediately before the commencement of this Act a street authorisation map prepared in pursuance of the Town and Country Planning (Development Plans) Regulations 1965 or the Town and Country Planning (Development Plans for Greater London) Regulations 1966 was treated for the purposes of the 1971 Act as having been adopted as a local plan for a district by a local planning authority, it shall continue to be so treated.
Where there is no local plan in force in a district, then, for any of the purposes of the Land Compensation Act 1961—
the development plan or current development plan shall as respects that district be taken as being whichever of the following plans gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, namely the structure plan or, as the case may be, the Greater London Development Plan, so far as applicable to the district, and any alterations to it, together with the Secretary of State’s notice of approval of the plan and alterations, and the old development plan;
land situated in an area defined in the current development plan as an area of comprehensive development shall be taken to be situated in whichever of the following areas leads to such assumptions as are mentioned in paragraph (a), namely any area wholly or partly within that district selected by the structure plan or, as the case may be, the Greater London Development Plan as an action area and the area so defined in the old development plan.
Subject to paragraph 8, on the adoption or approval of a local plan under section 43 or 45 or paragraph 10 of Part II of this Schedule so much of any old development plan as relates to the area to which the local plan relates shall cease to have effect.
The Secretary of State may by order direct that any of the provisions of the old development plan shall continue in force in relation to the area to which the local plan relates.
If the Secretary of State makes an order under paragraph 7, the provisions of the old development plan specified in the order shall continue in force to the extent so specified.
Subject to paragraph 10, the Secretary of State may by order wholly or partly revoke a development plan continued in force under this Schedule whether in its application to the whole of the area of a local planning authority or in its application to part of that area and make such consequential amendments to the plan as appear to him to be necessary or expedient.
Before making an order with respect to a development plan under paragraph 7 or 9, the Secretary of State shall consult with the local planning authority for the area to which the plan relates.
the original owner proves that the failure to take those steps was attributable, in whole or in part, to the default of the subsequent owner
Sections 55, 107 and 114.
The carrying out of—
the rebuilding, as often as occasion may require, of any building which was in existence on 1st July 1948, or of any building which was in existence before that date but was destroyed or demolished after 7th January 1937, including the making good of war damage sustained by any such building;
the rebuilding, as often as occasion may require, of any building erected after 1st July 1948 which was in existence at a material date;
the carrying out for the maintenance, improvement or other alteration of any building, of works which— so long as the cubic content of the original building is not substantially exceeded.
affect only the interior of the building, or do not materially affect the external appearance of the building, and
are works for making good war damage,
The use as two or more separate dwellinghouses of any building which at a material date was used as a single dwellinghouse.
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the fertilisation of the land so used, and
the maintenance, improvement or alteration of buildings or works on the land which are occupied or used for those purposes.
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at a material date was used for a purpose falling within any general class specified in the Town and Country Planning (Use Classes for Third Schedule Purposes) Order 1948, or
having been unoccupied on and at all times since 1st July 1948, was last used (otherwise than before 7th January 1937) for any such purpose,
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one-tenth of the cubic content of the part of the building used for that purpose on 1st July 1948 or, if later, the date when the building began to be so used, or
one-tenth of the area of the land so used on that date,
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Where after 1st July 1948— this Schedule shall not operate except as respects the period specified in that condition.
any buildings or works have been erected or constructed, or any use of land has been instituted, and
any condition imposed under Part III of this Act, limiting the period for which those buildings or works may be retained, or that use may be continued, has effect in relation to those buildings or works or that use,
Any reference in this Schedule to the cubic content of a building shall be construed as a reference to that content as ascertained by external measurement. For the purposes of paragraph 1 the cubic content of a building is substantially increased or exceeded—
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the erection, on land within the curtilage of any such building as is mentioned in that paragraph, of an additional building to be used in connection with the original building shall be treated as the enlargement of the original building; and
where any two or more buildings comprised in the same curtilage are used as one unit for the purposes of any institution or undertaking, the reference in that paragraph to the cubic content of the original building shall be construed as a reference to the aggregate cubic content of those buildings.
In this Schedule “at a material date” means at either— Sub-paragraph (1)(b) shall not apply in relation to any buildings, works or use of land in respect of which, whether before or after the date mentioned in that sub-paragraph, an enforcement notice served before that date has become or becomes effective.
In relation to a building erected after 1st July 1948 which results from the carrying out of any such works as are described in paragraph 1, any reference in this Schedule to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works. This paragraph does not apply for the purposes of sections 111 and 138.
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Section 57(7).
Where on lst July 1948 land was being temporarily used for a purpose other than the purpose for which it was normally used, planning permission is not required for the resumption of the use of the land for the latter purpose before 6th December 1968.
Where on 1st July 1948 land was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for another purpose, planning permission is not required in respect of the use of the land for that other purpose on similar occasions on or after 6th December 1968 if the land has been used for that other purpose on at least one similar occasion since 1st July 1948 and before the beginning of 1968.
Where land was unoccupied on 1st July 1948, but had before that date been occupied at some time on or after 7th January 1937, planning permission is not required in respect of any use of the land begun before 6th December 1968 for the purpose for which the land was last used before 1st July 1948.
Notwithstanding anything in paragraphs 1 to 3, the use of land as a caravan site shall not, by virtue of any of those paragraphs, be treated as a use for which planning permission is not required, unless the land was so used on one occasion at least during the period of two years ending with 9th March 1960.
Sections 72(5), 79(4), 97(5) and Schedule 9.
Every planning permission for development — shall be subject to a condition as to the duration of the development. Except where a condition is specified under sub-paragraph (3), the condition in the case of planning permission granted or deemed to be granted after 22nd February 1982 is that the winning and working of minerals or the depositing of mineral waste must cease not later than the expiration of the period of 60 years beginning with the date of the permission. An authority granting planning permission after that date or directing after that date that planning permission shall be deemed to be granted may specify a longer or shorter period than 60 years, and if they do so, the condition is that the winning and working of minerals or the depositing of mineral waste must cease not later than the expiration of a period of the specified length beginning with the date of the permission.(4)A longer or shorter period than 60 years may be prescribed for the purposes of sub-paragraphs (2) and (3). The condition in the case of planning permission granted or deemed to have been granted before 22nd February 1982 is that the winning and working of minerals or the depositing of mineral waste must cease not later than the expiration of the period of 60 years beginning with that date. A condition to which planning permission for development consisting of the winning and working of minerals is subject by virtue of this paragraph—
In this Act— An aftercare condition may either— A mineral planning authority may approve an aftercare scheme in the form in which it is submitted to them or may modify it and approve it as modified. The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating the land. Where a step is specified in a condition or a scheme, the period during which it is to be taken may also be specified, but no step may be required to be taken after the expiry of the aftercare period. In sub-paragraph (6) “the aftercare period” means a period of five years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed; and in respect of any part of a site, the aftercare period shall commence on compliance with the restoration condition in respect of that part. The power to prescribe maximum periods conferred by sub-paragraph (7) includes power to prescribe maximum periods differing according to the use specified. In this paragraph “forestry” means the growing of a utilisable crop of timber.
In a case where— the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture. In any other case where the use specified in an aftercare condition is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use. Where the use specified in an aftercare condition is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use. Where the use specified in an aftercare condition is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or other plants. In this paragraph—
Before imposing an aftercare condition, the mineral planning authority shall consult— as to whether it is appropriate to specify that use. Where after consultations required by sub-paragraph (1) the mineral planning authority are satisfied that the use that they ought to specify is a use for agriculture or for forestry, they shall consult— with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme. The mineral planning authority shall also consult the Minister or, as the case may be, the Forestry Commission— The mineral planning authority shall also, from time to time as they consider expedient, consult the Minister or the appropriate body, as the case may be, as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken. Without prejudice to the application of this paragraph in relation to consultation with the appropriate body, where the Minister is consulted pursuant to any provision of this paragraph— In this paragraph “forestry” and “the Minister” have the same meanings as in paragraph 3. In this paragraph “appropriate body” means—
If, on the application of any person with an interest in land in respect of which an aftercare condition has been imposed, the mineral planning authority are satisfied that the condition has been complied with they shall issue a certificate to that effect.
A person who has complied with an aftercare condition but who has not himself won and worked minerals or deposited refuse or waste materials shall be entitled, subject to any condition to the contrary contained in a contract which is enforceable against him by the person who last carried out such operations, to recover from that person any expenses reasonably incurred in complying with the aftercare condition.
An order under section 97 may in relation to planning permission for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials, include such aftercare condition as the mineral planning authority think fit if—
it also includes a restoration condition; or
a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.
Paragraphs 2(3) to (9) and 3 to 6 shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under paragraph 2.
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.
Sections 79,175,195,208.
The Secretary of State may by regulations prescribe classes of appeals under sections 78 93I, 106B, 106BC, 174, 195 and 208, of this Act, paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991and paragraphs 6(11) and (12) and 11(1) of Schedule 13 and paragraph 9(1) of Schedule 14 to the Environment Act 1925 which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State. Those classes of appeals shall be so determined except in such classes of case— If no classes of appeals under section 106BC are prescribed by regulations under sub-paragraph (1), all appeals under that section are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State. Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph. This paragraph shall not affect any provision in this Act or any other Act or any instrument made under this Act or any other Act that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State. A person appointed under this paragraph is referred to in this Schedule as “an appointed person”.
An appointed person shall have the same powers and duties— Sections 79(2) 106B(4), 175(3), 196(1) and 208(5) of this Act and paragraph 6(2) of Schedule 2 to the Planning and Compensation Act 1991 shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the local planning authority whether they wish to appear before and be heard by the appointed person. If both the parties express a wish not to appear and be heard the appeal may be determined without their being heard. If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so. Sub-paragraph (2) does not apply— Sub-paragraph (2) does not apply in the case of an appeal to which section 319B applies. Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State. Except as provided by Part XII, the validity of that decision shall not be questioned in any proceedings whatsoever. It shall not be a ground of application to the High Court under section 288, or of appeal to the High Court under section 289 ..., that an appeal ought to have been determined by the Secretary of State and not by an appointed person, unless the appellant or the local planning authority challenge the appointed person’s power to determine the appeal before his decision on the appeal is given. Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating to an appeal to which this Schedule applies or to anything done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal, then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by an appointed person, as a reference to him. Sub-paragraph (9) applies to references to the Secretary of State in section 319A (powers and duties of the Secretary of State in relation to the determination of procedure for certain proceedings) only for the purposes of subsection (4) of that section. Sub-paragraph (9) does not apply to references to the Welsh Ministers in section 319B (determination of procedure for certain proceedings: Wales). The Secretary of State may, if he thinks fit, direct that anything in connection with an appeal in England to which this Schedule applies which would otherwise fall to be done by an appointed person shall instead be done by the Secretary of State.
The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State. Such a direction shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under any provision of a development order made by virtue of section 71(2)(a). Where in consequence of such a direction an appeal falls to be determined by the Secretary of State, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it. The Secretary of State shall give the appellant, the local planning authority and any person who has made any such representations as mentioned in sub-paragraph (2) an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose if— Sub-paragraph (4) does not apply— Sub-paragraph (4) does not apply in the case of an appeal to which section 319B applies. In the case of an appeal to which section 319A applies, the Secretary of State must give the appellant, the local planning authority and any person who has made any representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations. In the case of an appeal to which section 319B applies, the Welsh Ministers must give the appellant, the local planning authority and any person who has made any representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations. Except as provided by sub-paragraph (4) or (5A) or (5B), the Secretary of State need not give any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made. In determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.
The Secretary of State may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal. Such a further direction shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under any provision of a development order made by virtue of section 71(2)(a). Where such a further direction has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given. Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.
At any time before the appointed person has determined the appeal the Secretary of State may— Where such a new appointment is made the consideration of the appeal or any inquiry or other hearing in connection with it shall be begun afresh. Nothing in sub-paragraph (2) shall require—
Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person— Sub-paragraph (1) does not apply in the case of an appeal to which section 319A applies; but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section. Sub-paragraph (1) does not apply in the case of an appeal to which section 319B applies; but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section. Where an appointed person— an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal. Subject to sub-paragraph (4), the costs of any such hearing or inquiry shall be defrayed by the Secretary of State. Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held under this paragraph in England with the following adaptations— Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales. The appointed person or the Secretary of State has the same power to make orders under section 250(5) of that Act (orders with respect to costs of the parties) in relation to proceedings in England under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry.
If before or during the determination of an appeal under section 78 which is to be or is being determined in accordance with paragraph 1, the Secretary of State forms the opinion mentioned in section 79(6), he may direct that the determination shall not be begun or proceeded with.
The Tribunals and Inquiries Act 1992 shall apply to a local inquiry or other hearing held in England in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by an appointed person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where an appointed person is an officer of the Ministry of Housing, Communities and Local Government or the Welsh Office the functions of determining an appeal and doing anything in connection with it conferred on him by this Schedule shall be treated for the purposes of the Parliamentary Commissioner Act 1967—
Section 83.
A simplified planning zone scheme shall consist of a map and a written statement, and such diagrams, illustrations and descriptive matter as the local planning authority think appropriate for explaining or illustrating the provisions of the scheme. A simplified planning zone scheme shall specify— and shall contain such other matters as may be prescribed.
An authority who decide under section 83(2) to make or alter a simplified planning zone scheme shall—
notify the Secretary of State of their decision as soon as practicable, and
determine the date on which they will begin to prepare the scheme or the alterations.
If a person requests a local planning authority to make or alter a simplified planning zone scheme but the authority— he may, subject to sub-paragraph (2), require them to refer the matter to the Secretary of State. A person may not require the reference of the matter to the Secretary of State if— The Secretary of State shall, as soon as practicable after a matter is referred to him— After the Secretary of State has— he may give the authority a simplified planning zone direction. The Secretary of State shall notify the applicant and the authority of his decision and of his reasons for it.
A simplified planning zone direction is— A direction under sub-paragraph (1)(a) or (b) may extend— and accordingly may direct that land shall be added to or excluded from an existing simplified planning zone.
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. They shall— They shall take such steps as may be prescribed or as the Secretary of State may, in a particular case, direct to publicise— They shall consider any representations that are made in accordance with regulations.
Where a local planning authority have prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, they shall—
make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed,
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,
take such steps as may be prescribed for inviting objections to be made within such period as may be prescribed, and
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.
The documents sent by the local planning authority to the Secretary of State under paragraph 5(3) shall be accompanied by a statement— The documents sent by the local planning authority to the Secretary of State under paragraph 6(2) shall be accompanied by a statement of the steps which the authority are taking to comply with paragraph 6(4). If, on considering the statement and the proposals and any other information provided by the local planning authority, the Secretary of State is not satisfied with the steps taken by the authority, he may, within 21 days of the receipt of the statement, direct the authority not to take further steps for the adoption of the proposals without— and satisfying him that they have done so. A local planning authority who are given directions by the Secretary of State shall—
Where objections to the proposed scheme or alterations are made, the local planning authority may— 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. Regulations may— Subsections (2) and (3) of section 250 of the Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this paragraph. The Tribunals and Inquiries Act 1992 applies to a local inquiry or other hearing held in England under this paragraph as it applies to a statutory inquiry held by the Secretary of State, with the substitution in section 10(1) (statement of reasons for decision) for the references to a decision taken by the Secretary of State of references to a decision taken by a local authority. The power to make regulations under section 323A applies in relation to a local inquiry or other hearing held in Wales under this paragraph as it applies in relation to an inquiry or hearing held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a local planning authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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). The authority may adopt the proposals as originally prepared or as modified so as to take account of— If, before the proposals have been adopted by the local planning authority, it appears to the Secretary of State that they are unsatisfactory, he may direct the authority to modify the proposals in such respects as are indicated in the direction. An authority to whom such a direction is given shall not adopt the proposals unless—
Before the proposals have been adopted by the local planning authority the Secretary of State may direct that they shall be submitted to him for his approval. If the Secretary of State gives such a direction—
The Secretary of State may after considering proposals submitted to him under paragraph 10 either approve them, in whole or in part and with or without modifications, or reject them. In considering the proposals the Secretary of State may take into account any matters he thinks are relevant, whether or not they were taken into account in the proposals as submitted to him. 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— The Secretary of State may— 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).
Where — he may himself make a scheme or, as the case may be, the alterations. Where under this paragraph anything which ought to have been done by a local planning authority is done by the Secretary of State, the previous provisions of this Schedule apply, so far as practicable, with any necessary modifications, in relation to the doing of that thing by the Secretary of State and the thing so done. Where the Secretary of State incurs expenses under this paragraph in connection with the doing of anything which should have been done by a local planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by the authority to the Secretary of State.
Without prejudice to the previous provisions of this Schedule, the Secretary of State may make regulations with respect— Any such regulations may in particular— Regulations under this paragraph may extend throughout England and Wales or to specified areas only and may make different provision for different cases. Subject to the previous provisions of this Schedule and to any regulations under this paragraph, the Secretary of State may give directions to any local planning authority or to local planning authorities generally—
Section 101(4).
A Planning Inquiry Commission shall consist of a chairman and not less than two nor more than four other members appointed by the Secretary of State. The Secretary of State may— The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member. In relation to any matter affecting both England and Wales—
Two or more of the matters mentioned in section 101(2) may be referred to the same commission if it appears to the responsible Minister or Ministers that they relate to proposals to carry out development for similar purposes on different sites. Where a matter referred to a commission under section 101 relates to a proposal to carry out development for any purpose at a particular site, the responsible Minister or Ministers may also refer to the commission the question whether development for that purpose should instead be carried out at an alternative site. On referring a matter to a commission, the responsible Minister or Ministers—
A commission inquiring into a matter referred to them under section 101 shall— If— so wish, the commission shall give to each of them, and, in the case of an application or appeal mentioned in section 101(2)(a) or (b), also to any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under any provision of a development order made by virtue of section 71(2)(a), an opportunity of appearing before and being heard by one or more members of the commission. The commission shall then report to the responsible Minister or Ministers on the matter referred to them. A commission may, with the approval of the Secretary of State and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report. In sub-paragraph (4) “the Secretary of State,” in relation to any matter affecting both England and Wales, means— acting, by arrangements between the two of them, on behalf of both.
A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time. A reference of any other matter mentioned in section 101 may be made at any time before, but not after, the determination of the relevant application referred under section 77 or the relevant appeal under section 78 or, as the case may be, the giving of the relevant direction under section 90(1). The fact that an inquiry or other hearing has been held into a proposal by a person appointed by any Minister for the purpose shall not prevent a reference of the proposal to a Planning Inquiry Commission. Notice of the making of a reference to any such commission shall be published in the prescribed manner. A copy of the notice must be served on the local planning authority for the area in which it is proposed that the relevant development will be carried out, and— Subject to the provisions of this paragraph and paragraph 5 and to any directions given to them by the responsible Minister or Ministers, a Planning Inquiry Commission shall have power to regulate their own procedure.
A Planning Inquiry Commission shall, for the purpose of complying with paragraph 3(2), hold a local inquiry; and they may hold such an inquiry, if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority want an opportunity to appear and be heard. Where a Planning Inquiry Commission are to hold a local inquiry under sub-paragraph (1) in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this paragraph to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry. An inquiry held in England by a commission under this paragraph shall be treated for the purposes of the Tribunals and Inquiries Act 1992 as one held by a Minister in pursuance of a duty imposed by a statutory provision. The power to make regulations under section 323A applies in relation to an inquiry held in Wales by a commission under this paragraph as it applies in relation to an inquiry held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply in relation to an inquiry held under sub-paragraph (1) in England, and subsections (2) and (3) of that section shall apply in relation to an inquiry held under that sub-paragraph in Wales, as they apply in relation to an inquiry caused to be held by a Minister under subsection (1) of that section, with the substitution for references to the Minister causing the inquiry to be held (other than the first reference in subsection (4)) of references to the responsible Minister or Ministers.
In relation to the matters specified in the first column of the Table below (which are matters mentioned in subsection (2)(a), (b), (c) or (d) of section 101 as matters which may be referred to a Planning Inquiry Commission under that section) “the responsible Minister or Ministers” for the purposes of that section and this Schedule—
in the case of a matter affecting England only, are those specified opposite in the second column of the Table;
in the case of a matter affecting Wales only, are those specified opposite in the third column of the Table; and
in the case of a matter affecting both England and Wales, are those specified opposite in the fourth column of the Table.
Where an entry in the second, third or fourth columns of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly. Referred matter Affecting England only Affecting Wales only Affecting both England and Wales 1. Application for planning permission or appeal under section 78 relating to land to which section 266(1) applies. The Secretary of State for the time being having general responsibility in planning matters in relation to England and the appropriate Minister (if different). The Secretary of State for the time being having general responsibility in planning matters in relation to Wales and the appropriate Minister (if different). The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales and the appropriate Minister (if different). 2. Application for planning permission or appeal under section 78 relating to land to which section 266(1) does not apply. The Secretary of State for the time being having general responsibility in planning matters in relation to England. The Secretary of State for the time being having general responsibility in planning matters in relation to Wales. The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales. 3. Proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department. The Secretary of State for the time being having general responsibility in planning matters in relation to England and the Minister (if different) in charge of the government department concerned. The Secretary of State for the time being having general responsibility in planning matters in relation to Wales and the Minister (if different) in charge of the government department concerned. The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales and the Minister (if different) in charge of the government department concerned.
Section 102(8).
If, having regard to the development plan and to any other material considerations, it appears to a mineral planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)— the mineral planning authority may by order require the discontinuance of that use, or impose such conditions as may be specified in the order on the continuance of it or, as the case may be, require such steps as may be so specified to be taken for the alteration or removal of the buildings or works or plant or machinery. 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— 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—
An order under paragraph 1 may impose a restoration condition If such an order— the order may also include any such aftercare condition as the mineral planning authority think fit. Paragraphs 2(3) to (9) and 3 to 6 of Schedule 5 shall apply in relation to an aftercare condition imposed under this paragraph as they apply in relation to such a condition imposed under paragraph 2 of that Schedule, but with the substitution for sub-paragraphs (1) and (2) of paragraph 3 of that Schedule of sub-paragraphs (4) and (5) below. In a case where— the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture. In any other case where the use specified in the aftercare condition is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use.
The mineral planning authority may assume that the winning and working or the depositing has permanently ceased only when— The requirements mentioned in sub-paragraph (1) are— If— the order under this paragraph may include any such aftercare condition as the mineral planning authority think fit. Paragraphs 2(3) to (9) and 3 to 6 of Schedule 5 apply in relation to an aftercare condition imposed under this paragraph as they apply to such a condition imposed under paragraph 2 of this Schedule.
An order under paragraph 3 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient. Where a mineral planning authority submit such an order to the Secretary of State for his confirmation under this paragraph, the authority shall serve notice of the order— The notice shall specify the period within which any person on whom the notice is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose. If within that period such a person so requires, before the Secretary of State confirms the order he shall give such an opportunity both to him and to the mineral planning authority. The period referred to in sub-paragraph (3) must not be less than 28 days from the service of the notice. Where an order under paragraph 3 has been confirmed by the Secretary of State, the mineral planning authority shall serve a copy of the order on every person who was entitled to be served with notice under sub-paragraph (2). When an order under paragraph 3 takes effect any planning permission for the development to which the order relates shall cease to have effect. Sub-paragraph (7) is without prejudice to the power of the mineral planning authority, on revoking the order, to make a further grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste.
Where it appears to the mineral planning authority— the mineral planning authority may by order require that steps be taken for the protection of the environment. An order under sub-paragraph (1) is in this Act referred to as a “suspension order”. The mineral planning authority may assume that the winning and working or the depositing has been temporarily suspended only when— In this Act “ steps for the protection of the environment ” means steps for the purpose— A suspension order shall specify a period, commencing with the date on which it is to take effect, within which any required step for the protection of the environment is to be taken and may specify different periods for the taking of different steps.
At any time when a suspension order is in operation the mineral planning authority may by order direct— An order under sub-paragraph (1) is in this Act referred to as a “supplementary suspension order”.
Subject to sub-paragraph (2), a suspension order or a supplementary suspension order shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient. A supplementary suspension order revoking a suspension order or a previous supplementary suspension order and not requiring that any fresh step shall be taken for the protection of the environment shall take effect without confirmation. Sub-paragraphs (2) to (5) of paragraph 4 shall have effect in relation to a suspension order or supplementary suspension order submitted to the Secretary of State for his confirmation as they have effect in relation to an order submitted to him for his confirmation under that paragraph. Where a suspension order or supplementary suspension order has been confirmed by the Secretary of State, the mineral planning authority shall serve a copy of the order on every person who was entitled to be served with notice of the order by virtue of sub-paragraph (3).
A suspension order or a supplementary suspension order shall be a local land charge.
It shall be the duty of a mineral planning authority— The first review of a suspension order shall be undertaken not more than five years from the date on which the order takes effect. Each subsequent review shall be undertaken not more than five years after the previous review. If a supplementary suspension order is in operation for any part of the area for which a suspension order is in operation, they shall be reviewed together. If a mineral planning authority have made a supplementary suspension order which requires the taking of steps for the protection of the environment in substitution for all the steps required to be taken by a previous suspension order or supplementary suspension order, the authority shall undertake reviews of the supplementary suspension order in accordance with sub-paragraphs (6) and (7). The first review shall be undertaken not more than five years from the date on which the order takes effect. Each subsequent review shall be undertaken not more than five years after the previous review. The duties to undertake reviews imposed by this paragraph are in addition to and not in substitution for the duties imposed by section 105.
Subject to sub-paragraph (2), nothing in a suspension order or a supplementary suspension order shall prevent the recommencement of development consisting of the winning and working of minerals or involving the depositing of mineral waste at the site in relation to which the order has effect. No person shall recommence such development without first giving the mineral planning authority notice of his intention to do so. A notice under sub-paragraph (2) shall specify the date on which the person giving the notice intends to recommence the development. 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. If the authority do not revoke the order before the end of the period of two months from the date specified in the notice under sub-paragraph (2), the person who gave that notice may apply to the Secretary of State for the revocation of the order. Notice of an application under sub-paragraph (5) shall be given by the applicant to the mineral planning authority. If he is required to do so by the person who gave the notice or by the mineral planning authority, the Secretary of State shall, before deciding whether to revoke the order, give him and the mineral planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose. 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. If the Secretary of State revokes an order by virtue of sub-paragraph (8), he shall give notice of its revocation—
If it appears to the Secretary of State to be expedient that any order under paragraph 1, 3, 5 or 6 should be made, he may himself make such an order. Such an order which is made by the Secretary of State shall have the same effect as if it had been made by the mineral planning authority and confirmed by the Secretary of State. The Secretary of State shall not make such an order without consulting the mineral planning authority. Where the Secretary of State proposes to make an order under paragraph 1 he shall serve a notice of the proposal on the mineral planning authority. The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity. The provisions of this Schedule and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the mineral planning authority of any order to which sub-paragraph (1) applies, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order, its making by him and the service of copies of it.
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.
Sections 111 and 114.
Where the building to be rebuilt or altered is the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed by more than ten per cent. the amount of gross floor space which was last used for that purpose in the original building.
Where the building to be rebuilt or altered is not the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed the amount of gross floor space which was last used for that purpose in the building before the rebuilding or alteration.
In determining under this Schedule the purpose for which floor space was last used in any building, no account shall be taken of any use in respect of which an effective enforcement notice has been or could be served or, in the case of a use which has been discontinued, could have been served immediately before the discontinuance.
For the purposes of this Schedule gross floor space shall be ascertained by external measurement. Where different parts of a building are used for different purposes, floor space common to those purposes shall be apportioned rateably.
In relation to a building erected after 1st July 1948 which is a building resulting from the carrying out of any such works as are described in paragraph 1 of Schedule 3, any reference in this Schedule to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.
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an order under section 97 modifies planning permission for development consisting of the winning and working of minerals, and
mineral compensation requirements are satisfied in relation to the order in accordance with paragraph 4,
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the order—
imposes any conditions on the continuance of the use of land for the winning and working of minerals; or
requires that any buildings or works or plant or machinery used for the winning and working of minerals be altered or removed; and
the conditions specified in paragraph 8 are satisfied.
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that development consisting of the winning and working of minerals began not less than five years before the date of the order;
that the order does not—
impose any restriction on the winning and working of minerals; or
modify or replace any such restriction subject to which planning permission for development consisting of the winning and working of minerals was granted or which was imposed by a relevant order; and
that the mineral planning authority carried out special consultations about the making and terms of the order before they made it.
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make—
an order under paragraph 1 of Schedule 9 which imposes any such conditions or makes any such requirement as mentioned in paragraph 5(a) of this Schedule; or
an order under paragraph 3 of that Schedule; and
have previously made a relevant order or orders,
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to have continued to have that balance until the commencement of this Act; and
to continue to have that balance at all times after that commencement.
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Section 149.
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as land which may be required for the purposes—
of the functions of a government department, local authority or statutory undertakers, or of the British Coal Corporation, or
of the establishment or running by a public telecommunications operator of a telecommunication system, or
as land which may be included in an action area.
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is allocated for the purposes of any such functions as are mentioned in paragraph 1(a)(i) or (ii) by a local plan in force for the district, or
is land defined in such a plan as the site of proposed development for the purposes of any such functions.
Land which is identified for the purposes of relevant public functions by a local plan, minerals and waste plan or supplementary pla for the area in which the land is situated or by a neighbourhood development plan for the area in which the land is situated. Notes Relevant public functions are— For the purposes of this paragraph a local plan is a local plan, or revision of such a plan, which— For the purposes of this paragraph a minerals and waste plan is a document prepared to be or to form part of a minerals and waste plan, or a revision of such a document, which— For the purposes of this paragraph a supplementary plan is a supplementary plan, or a revision of such a plan, which— For the purposes of this paragraph a neighbourhood development plan includes a draft of a neighbourhood development plan which has been submitted for examination under paragraph 7(2) of Schedule 4B (as applied by section 38A(3) of the 2004 Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Notes (2) to (2ZB) the references to submission of a local plan, a supplementary plan, a document or a revision for independent examination under Part 2 of the 2004 Act are to be taken to include any case where an independent examination is held under that Part. Note (2A) does not apply if the proposal for the draft plan is withdrawn under paragraph 2 of Schedule 4B (as applied by section 38A(3) of the 2004 Act) at any time after the draft plan has been submitted for examination.
Land in Wales which is identified for the purposes of relevant public functions by a local development plan or strategic development plan for the area in which the land is situated.
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as land which may be required for the purpose of any such functions as are mentioned in paragraph 1(a)(i) or (ii), or
as land which may be included in an action area.
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Land in Wales which is identified for the purposes of relevant public functions (within the meaning of paragraph 1B) by the National Development Framework for Wales. Notes In this paragraph, the reference to the National Development Framework for Wales is a reference to— the National Development Framework for Wales, or a revised Framework, which is published under sections 60 to 60C of the Planning and Compulsory Purchase Act 2004, and a draft of the Framework, or of a revised Framework, which has been laid before the National Assembly for Wales under section 60B(3) of that Act. This paragraph does not apply to land that falls within paragraph 1B. Note (1)(b) ceases to apply in relation to a draft of a revised Framework if the Welsh Ministers lay before the National Assembly for Wales a copy of a notice that they have decided not to proceed with the revision of the Framework.
Land indicated in a plan (other than a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III as land which may be required for the purposes of relevant public functions (within the meaning of paragraph 1A) .
Land in respect of which a local planning authority—
have resolved to take action to safeguard it for development for the purposes of relevant public functions (within the meaning of paragraph 1A)
have been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.
Land indicated in a plan (other than a development plan) approved by a resolution passed by a local planning authority for the purpose of the exercise of their powers under Part III as land which may be required for the purposes of relevant public functions (within the meaning of paragraph 1A or 1B) .
Land in respect of which a local planning authority—
have resolved to take action to safeguard it for development for the purposes of relevant public functions (within the meaning of paragraph 1A or 1B) , or
have been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.
Land within an area described as the site of a proposed new town in the draft of an order in respect of which a notice has been published under paragraph 2 of Schedule 1 to the New Towns Act 1981. Note Land shall cease to be within this paragraph when— the order comes into operation (whether in the form of the draft or with modifications), or the Secretary of State decides not to make the order.
Land within an area designated as the site of a proposed new town by an order which has come into operation under section 1 of the New Towns Act 1981.
Land which is—
within an area intended to be designated as an urban development area by an order which has been made under section 134 of the Local Government, Planning and Land Act 1980 but has not come into effect; or
within an area which has been so designated by an order under that section which has come into effect.
Land which is within an area designated under section 197 of the Localism Act 2011 as a Mayoral development area where—
an order under section 198(2) of that Act establishing a Mayoral development corporation for the area has not been made or has been made but has not come into effect; or
such an order has come into effect.
Land within an area declared to be a clearance area by a resolution under section 289 of the Housing Act 1985.
Land which—
is surrounded by or adjoining an area declared to be a clearance area by a resolution under section 289 of the Housing Act 1985, and
is land which a local authority have determined to purchase under section 290 of that Act.
Land indicated by information published in pursuance of section 92 of the Local Government and Housing Act 1989 as land which a local authority propose to acquire in exercise of their powers under Part VII of that Act (renewal areas).
Land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in paragraph 1A) as—
land on which a highway is proposed to be constructed, or
land to be included in a highway as proposed to be improved or altered.
Land on or adjacent to the line of a highway proposed to be constructed, improved or altered, as indicated in an order or scheme which has come into operation under Part II of the Highways Act 1980 (or under the corresponding provisions of Part II of the Highways Act 1959 or section 1 of the Highways Act 1971), being land in relation to which a power of compulsory acquisition conferred by any of the provisions of Part XII of that Act of 1980 (including a power compulsorily to acquire any right by virtue of section 250) may become exercisable, as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme. Notes In this paragraph the reference to an order or scheme which has come into operation includes a reference to an order or scheme which has been submitted for confirmation to, or been prepared in draft by, the Minister of Transport or the Secretary of State under Part II of that Act of 1980 and in respect of which a notice has been published under paragraph 1, 2 or 10 of Schedule 1 to that Act. Note (1) shall cease to apply when— In this paragraph the reference to land required for purposes of construction, improvement or alteration as indicated in an order or scheme includes a reference to land required for the purposes of section 246(1) of the Highways Act 1980.
Land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in paragraph 1A or 1B) as—
land on which a highway is proposed to be constructed, or
land to be included in a highway as proposed to be improved or altered.
Land shown on plans approved by a resolution of a local highway authority as land comprised in the site of a highway as proposed to be constructed, improved or altered by that authority.
Land comprised in the site of a highway as proposed to be constructed, improved or altered by the Secretary of State or a strategic highways company if he or it has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the local planning authority.
Land shown on plans approved by a resolution of a local highway authority as land proposed to be acquired by them for the purposes of section 246(1) of the Highways Act 1980.
Land shown in a written notice given by the Secretary of State or a strategic highways company to the local planning authority as land proposed to be acquired by him or it for the purposes of section 246(1) of the Highways Act 1980 in connection with a highway which he or it proposes to provide.
Land which— This paragraph does not include any land in which the appropriate authority have previously acquired an interest either in pursuance of a blight notice served by virtue of this paragraph or by agreement in circumstances such that they could have been required to acquire it in pursuance of such a notice.
either—
is within the outer lines prescribed by an order under section 188 of the Highways Act 1980 (orders prescribing minimum width of new streets) or section 159 of the Highways Act 1959 (which is the predecessor of that section); or
has a frontage to a highway declared to be a new street by an order under section 30 of the Public Health Act 1925 and lies within the minimum width of the street prescribed by any byelaws or local Act applicable by virtue of the order; and
is, or is part of—
a dwelling erected before, or under construction on, the date on which the order is made; or
the curtilage of any such dwelling. Note
Land indicated by information published in pursuance of section 257 of the Housing Act 1985 as land which a local authority propose to acquire in the exercise of their powers under the provisions of Part VIII of that Act relating to general improvement areas.
Land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable.
a compulsory purchase order is in force; or
there is in force a compulsory purchase order providing for the acquisition of a right or rights over that land;
Land—
the compulsory acquisition of which is authorised by an order under section 1 or 3 of the Transport and Works Act 1992, or
which falls within the limits of deviation within which powers of compulsory acquisition conferred by such an order are exercisable, or
which is the subject of a proposal, contained in an application made in accordance with rules under section 6 of that Act or in a draft order prepared under section 7(3) of that Act, that it should be such land.
Land falls within this paragraph if—
the compulsory acquisition of the land is authorised by an order granting development consent, or
the land falls within the limits of deviation within which powers of compulsory acquisition conferred by an order granting development consent are exercisable, or
an application for an order granting development consent seeks authority to compulsorily acquire the land.
Land falls within this paragraph if—
the compulsory acquisition of the land is authorised by an infrastructure consent order, or
the land falls within the limits of deviation within which powers of compulsory acquisition conferred by an infrastructure consent order are exercisable, or
an application for infrastructure consent seeks authority to compulsorily acquire the land.
Land falls within this paragraph if the land is in a location identified in a national policy statement as suitable (or potentially suitable) for a specified description of development. Note Land ceases to fall within this paragraph when the national policy statement— ceases to have effect, or ceases to identify the land as suitable or potentially suitable for that description of development.
Land falls within this paragraph if the land is in a location identified in an infrastructure policy statement as suitable (or potentially suitable) for a specified kind of development. Land ceases to fall within this paragraph when the infrastructure policy statement—
Section 259.
Before an order under section 257 or 258 is submitted to the Secretary of State for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form— Subject to sub-paragraphs (6) and (7), the notice to be given under sub-paragraph (1) shall be given— In sub-paragraph (2)— Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such orders under section 257 or 258 as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area. In sub-paragraph (4) “specified” means specified in the requirement. Except where an owner, occupier or lessee is a local authority National Park authority or statutory undertaker, the Secretary of State may in any particular case direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i). If the Secretary of State gives a direction under sub-paragraph (6) in the case of any land, then— Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (7) shall be complied with not less than 28 days before the expiry of the time specified in the notice. A notice required to be served by sub-paragraph (2)(b)(i), (ii), (iii) or (v) shall be accompanied by a copy of the order. A notice required to be displayed by sub-paragraph (2)(c)(i) at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.
If no representations or objections are duly made, or if any so made are withdrawn, the authority by whom the order was made may, instead of submitting the order to the Secretary of State, themselves confirm the order (but without any modification).
This paragraph applies where any representation or objection which has been duly made is not withdrawn. If the objection is made by a local authority or a National Park authority the Secretary of State shall, before confirming the order, cause a local inquiry to be held. If the representation or objection is made by a person other than a local authority the Secretary of State shall, before confirming the order, either— After considering the report of the person appointed under sub-paragraph (2) or (3) to hold the inquiry or hear representations or objections, the Secretary of State may confirm the order, with or without modifications. In the case of an order under section 257, if objection is made by statutory undertakers on the ground that the order provides for the creation of a public right of way over land covered by works used for the purpose of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure. Notwithstanding anything in the previous provisions of this paragraph, the Secretary of State shall not confirm an order so as to affect land not affected by the order as submitted to him, except after— In the case of an order under section 257, if objection is made by statutory undertakers on the ground that the order as modified would provide for the creation of a public right of way over land covered by works used for the purposes of their undertaking or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.
A decision of the Secretary of State under paragraph 3 shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State. A decision made by a person so appointed shall be treated as a decision of the Secretary of State. The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State. A direction under sub-paragraph (3) shall— Where the Secretary of State has appointed a person to make a decision under paragraph 3 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it. Where by virtue of sub-paragraph (3) or (5) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former. Regulations under this Act may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.
The Secretary of State shall not confirm an order under section 257 which extinguishes a right of way over land under, in, on, over, along or across which there is any apparatus belonging to or used by statutory undertakers for the purposes of their undertaking, unless the undertakers have consented to the confirmation of the order. Any such consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require. The consent of statutory undertakers to any such order shall not be unreasonably withheld. Any question arising under this paragraph whether the withholding of consent is unreasonable, or whether any requirement is reasonable, shall be determined by whichever Minister is the appropriate Minister in relation to the statutory undertakers concerned.
Regulations under this Act may, subject to this Part of this Schedule, make such provision as the Secretary of State thinks expedient as to the procedure on the making, submission and confirmation of orders under sections 257 and 258.
As soon as possible after an order under section 257 or 258 has been confirmed by the Secretary of State or confirmed as an unopposed order, the authority by whom the order was made— No such notice or copy need be served on a person unless he has sent to the authority a request in that behalf, specifying an address for service. A notice required to be served by sub-paragraph (1)(b) on— shall be accompanied by a copy of the order as confirmed. As soon as possible after a decision not to confirm an order under section 257 or 258, the authority by whom the order was made shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 1(2)(b) or (7).
Where an order under section 257 or 258 has come into force otherwise than— then as soon as possible after it has come into force the authority by whom it was made shall give notice of its coming into force by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.
on the date on which it was confirmed by the Secretary of State or confirmed as an unopposed order; or
at the expiration of a specified period beginning with that date,
Section 302(5).
In this Schedule an application under section 302(3) and a determination given on such an application are referred to respectively as “a compliance determination application” and “a compliance determination”.
A compliance determination application may be made with respect to any land— In the case of land owned or occupied by or on behalf of the Crown, or leased to, or to a person acting on behalf of, the Crown, or land with respect to which it is proved that there is held, or intended to be acquired, by or on behalf of the Crown an interest in the land which will be affected as mentioned in sub-paragraph (1) or that any of the cost there mentioned has been borne by the Crown, a compliance determination application may be made by any person acting on behalf of the Crown.
A compliance determination application shall be accompanied by such plans and other information as are necessary to enable the application to be determined.
The authority to whom a compliance determination application is made shall within 14 days from the receipt of the application publish notice of it in one or more local newspapers circulating in the area in which the land is situated and serve notice of it on any person appearing to the authority to be specially affected by the application. The authority shall take into consideration any representations made to them in connection with the application within 14 days from the publication of the notice.
Where a compliance determination application is made to an authority the authority shall determine whether the works or use in question fail to comply with any planning control which the authority are responsible for enforcing and, if so, shall specify the control in question. Where the authority determine that works or a use fail so to comply they shall further determine whether having regard to all relevant circumstances the works or use shall, notwithstanding the failure, be deemed so to comply, either unconditionally or subject to such conditions as to the time for which the works or use may be continued, the carrying out of alterations, or other matters, as the authority think expedient.
Where the applicant is aggrieved by a compliance determination, or where a person by whom representations have been made as mentioned in paragraph 4 is aggrieved by such a determination, he may appeal to the Secretary of State. The applicant may also appeal if he is aggrieved by the failure of the authority to determine the application within two months from the last day on which representations under paragraph 4 may be made and has served notice on the authority that he appeals to the Secretary of State. An appeal under this paragraph must be made within the period of 28 days after the applicant has notice of the determination or, in the case of an appeal under sub-paragraph (2), after the applicant has served notice on the authority of the appeal, or within such extended period as the Secretary of State may allow.
On such an appeal the Secretary of State may give, in substitution for the determination, if any, given by the authority, such determination as appears to him to be proper having regard to all relevant circumstances, or, if he is satisfied that the applicant was not a person entitled to make the application, may decide that the application is not to be entertained. At any stage of the proceedings on such an appeal to him the Secretary of State may, and shall if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in connection with the appeal.
Subject to paragraph 9 and to any determination or decision of the Secretary of State on an appeal under paragraph 7, any compliance determination shall be final and any such failure to give a determination as mentioned in paragraph 6(2) shall be taken on the service of the notice there mentioned as a final refusal by the authority to entertain the application, and any determination or decision of the Secretary of State on an appeal under paragraph 7 shall be final.
Where a compliance determination has been given that works on land or a use of land shall not be deemed to comply with planning control or shall be deemed to comply with it subject to conditions, then if a person entitled to make a compliance determination application with respect to the land satisfies the authority or on appeal the Secretary of State that there has been a material change of circumstances since the previous application was determined, he may make a subsequent application and on such an application the authority or on appeal the Secretary of State may substitute for the compliance determination such determination as appears proper having regard to all relevant circumstances.
If it appears to the Secretary of State that it is expedient, having regard to considerations affecting the public interest (whether generally or in the locality concerned), that any compliance determination application to an authority or any class or description of such applications, should instead of being determined by the authority be referred to him for decision, he may give directions to the authority requiring that application, or applications of that class or description, to be so referred. This Schedule shall apply to any such reference as if it were an appeal under paragraph 6(2) following failure of the authority to entertain the application.
The Secretary of State may give directions to any authority responsible for enforcing planning control requiring them to furnish him with such information with respect to compliance determination applications received by them as he considers necessary or expedient in connection with the exercise of his functions under this Schedule.
On any compliance determination application or any appeal under this Schedule the applicant or, in the case of an application referred to the Secretary of State for decision or an appeal to the Secretary of State, the applicant or the authority responsible for enforcing the planning control in question, may require the authority by whom the application is to be determined or, as the case may be, the Secretary of State to give him or them an opportunity before the application or appeal is determined of appearing before and being heard by a person appointed by the authority or, as the case may be, the Secretary of State for the purpose.
This paragraph applies where before the relevant date any person proposes to take steps for enforcing a planning control in the case of such works or such a use as mentioned in subsection (1) of section 302. Subject to sub-paragraph (4), unless a compliance determination application has been made in relation to the land which has not been finally determined, that person shall serve on every owner and occupier of the land not less than 28 days’ notice of the proposal, and if within that period any person makes such an application in relation to the land and within seven days of making it serves on the person proposing to take steps as aforesaid notice that the application has been made, no steps for enforcing the control shall be taken until the final determination of the application. If such an application has been made which has not been finally determined, no such steps shall be taken until the final determination of it. No notice shall be required under sub-paragraph (2) if steps for enforcing a planning control in the case of any works on land are begun within 28 days of the final determination of a compliance determination application in relation to the land. For the purpose of this paragraph a compliance determination application shall be treated as having been finally determined notwithstanding that a subsequent application may be made under paragraph 9.
At any time before the relevant date any officer of an authority responsible for enforcing planning control shall, on producing, if so required, some duly authenticated document showing his authority to act for the purposes of this paragraph, have a right, subject to the provisions of this paragraph, to enter any premises at all reasonable hours— Admission to any premises which are occupied shall not be demanded as of right unless 24 hours’ notice of the intended entry has been served on the occupier. Any person who wilfully obstructs any officer of an authority acting in the exercise of his powers under this section shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale. If any person who in compliance with this paragraph is admitted into a factory, workshop or workplace, discloses to any person any information obtained by him in it with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding three months.
Any notice or other document required or authorised to be served under this Schedule may be served on any person either by delivering it to him, or by leaving it at his proper address or by post. Any such document required or authorised to be served upon an incorporated company or body shall be duly served if it is served upon the secretary or clerk of the company or body. For the purposes of this paragraph and of section 7 of the Interpretation Act 1978, the proper address of any person upon whom any such document is to be served is— If it is not practicable after reasonable enquiry to ascertain the name or address of an owner or occupier of land on whom any such document is to be served, the document may be served by addressing it to him by the description of “owner” or “occupier” of the premises (describing them) to which it relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
Parts XIV and XV do not apply to section 302 and this Schedule.
Sections 314 to 319.
Section 1(1) to (3), (5) and (6). Section 2. Section 9. Section 55. Section 57. Section 59. Section 60 except subsection (4). Sections 61 and 62. Section 61. Sections 61Z to 61Z2. Section 62. Sections 62M to 62S. Section 69(1), (2) and (5). Section 70. Section 70A. Sections 71ZA and 71ZB. Section 72(1) to (4). Section 73A. Section 74. Section 75. Section 77 with the omission in subsection (4) of the reference to sections 65 ... Sections 78 and 79(1) to (5) ... Section 90(1), (3) and (4). Sections 96 to 98 except subsection (5) of section 97. Section 100. Section 100A. Sections 102 to 104 except subsection (8) of section 102. Sections 106 to 106BC. Section 107. Section 108. Section 115 Sections 117 and 118. Section 137 except subsections (6) and (7). Section 138. Section 139(1) to (4). Sections 140 and 141. Sections 143 and 144. Section 148. Section 175(5) (7). Sections 178 to 182 Section 185. Section 186(6) and (7). Section 188. Section 189. Section 190 (in so far as it applies to orders under section 102). Section 192. Section 196(8) Sections 196A to 196C. Sections 198 to 200. Sections 202 and 203. Section 205. Section 208(10) (11). Section 209(6). Section 210. Section 211(4). Sections 214A to 214D. Sections 215 to 224. Section 227. Sections 229 to 233. Sections 235 to 247. Sections 251 and 252. Sections 254 to 256. Section 260. Section 263. Section 265(1) and (4). Sections 266 to 272. Sections 274 to 278. Section 279 except subsection (4). Section 280 except subsections (6) and (8)(b). Sections 281 to 283. Section 284(1) except paragraphs (e) and (f). Section 285 ... Section 287. Section 289. Section 292 with the omission in subsection (2) of the references to section 288. Section 293(1) to (3). Section 294(1). Section 296(1) (the reference in paragraph (c) to Part III not being construed as referring to section 65), and (2) to (4). Section 297. Sections 305 and 306. Section 314. Section 315. Sections 316 and 316A. Section 318 except subsections (2)(a), (4) and (5). Section 324(1), (3) and (5) to (9). Section 325. Section 330. Section 334. Paragraphs 13 and 20(3) of Schedule 1. Schedule 3. Paragraphs 1 to 3 of Schedule 4. Schedule 17. Any other provisions of the planning Acts in so far as they apply, or have effect for the purposes of, any of the provisions specified above.
Sections 30 to 49. Section 50(5). Section 51. Sections 53 and 54. Section 56(2) to (6) with the omission in subsection (3) of the references to sections 85, 86(6) and 87(4). Section 65. Section 69(3) and (4). Section 79(6) to (7). Sections 91 to 93. Sections 93H to 93J Section 94(1)(a) and (2) to (6). Section 95. Section 99. Section 101. Section 137(6) and (7). Section 142. Section 157(1) and (2). Sections 162 and 163. Section 166.Sections 171A to 171D. Sections 172 to 174. Section 175(1) to (4) and (6). Sections 176 and 177. Sections 183 and 184. Section 186(1) to (5). Sections 187 to 187B. Sections 191 to 196. Section 208(9). Section 226. Section 228(1), (3), (4) and (7). Sections 248, 249 and 250. Section 253. Section 257. Section 258(1). Section 259. Section 261. Section 264(1) to (6). Section 273. Section 279(4). Section 280(6) and (8)(b). Section 304. Section 307. Section 331. Paragraphs 3 to 12 of Part II of Schedule 2, Part III of Schedule 2, Schedules 6 and 14.
Sections 109 to 112. Section 298. Sections 308 to 310. . . . Section 318(4) and (5). . . . Section 328. . . . Any other provisions of the planning Acts in so far as they apply, or have effect for the purposes of, any of the provisions specified above.
Section 60(4). Section 65. Section 71(1) (2) and (2A). Sections 149 to 151. Section 153(1) to (7). Sections 154 to 156. Section 161(1) in so far as it relates to provisions mentioned in this Part of this Schedule. Section 164. Sections 168 to 171. Section 284 except subsection (1)(a) to (d). Section 285(5) and (6). Section 288. Section 291. Section 292(2). Section 296(1) (construed as if the reference to Part III were a reference only to section 65) and (5). Section 318(2) except paragraph (b). . . . In Schedule 13, paragraphs 1 to 4, 12 to 16 and 20 to 22. Any other provisions of this Act in so far as they apply, or have effect for the purpose of, any of the provisions specified above.
Section 333(6).
The following provisions of the Highways Act 1980— section 73(1) to (3), (6) and (9) to (11) section 74 (except subsection (6)) . . . section 241 section 261(5) and, so far as it relates to it, section 261(6) section 307(5) and (7) Schedule 9.
The following further provisions of the Highways Act 1980—
sections 187 and 200(1) so far as applicable for the purposes of section 188 of that Act;
section 247(6) so far as applicable for the purposes of section 241 of that Act;
in section 307—
subsections (1) to (3) so far as applicable for the purposes of section 73 of that Act;
subsections (1), (3) and (6) so far as applicable for the purposes of section 74 of that Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 311 so far as applicable for the purposes of section 74 of that Act.
Section 279 of the Highways Act 1980 so far as the purposes in question are the purposes of the exercise by a county council , county borough council or metropolitan district council in relation to roads maintained by that council of their powers under section 73(1) to (3), (6) and (9) to (11) or section 241 of that Act.
Any enactment making such provision as might by virtue of any Act of Parliament have been made in relation to the area to which the order applies by means of a byelaw, order or regulation not requiring confirmation by Parliament.
Any enactment which has been previously excluded or modified by a development order, and any enactment having substantially the same effect as any such enactment.
the provisions of Part IX, or
in the case of statutory undertakers, any statutory provision (however expressed) under which they have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking; and
In the case of a purchase notice served by such a person as is mentioned in subsection (2)(b) of section 137, references in this Chapter to the owner of the land include references to that person unless the context otherwise requires.
This Chapter shall have effect as if— and the references in this Chapter and in section 288(10)(a) to a council and to a local authority shall be construed accordingly.
the bodies on whom a purchase notice may be served under section 137 included any National Park authority which is the local planning authority for the area in which the land is situated; and
a National Park authority were a local authority for the purposes of this Act and the National Park for which it is the local planning authority were its area;
This Chapter shall have effect in relation to land falling within any paragraph of Schedule 13 (land affected by planning proposals of public authorities etc.); and in this Chapter such land is referred to as “blighted land”.
Subject to the provisions of sections 161 and 162, an interest qualifies for protection under this Chapter if— and in this Chapter such an interest is referred to as “a qualifying interest”.
it is an interest in a hereditament or part of a hereditament and on the relevant date it satisfies one of the conditions mentioned in subsection (3); or
it is an interest in an agricultural unit or part of an agricultural unit and on the relevant date it is the interest of an owner-occupier of the unit;
The conditions mentioned in subsection (2)(a) are—
that the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest is the interest of an owner-occupier of the hereditament; or
that the interest is the interest of a resident owner-occupier of the hereditament.
In this section “the relevant date”, in relation to an interest, means the date of service of a notice under section 150 in respect of it.
In this Chapter “blight notice” means a notice served under section 150, 161 or 162.
Where the whole or part of a hereditament or agricultural unit is comprised in blighted land and a person claims that— he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, this Chapter.
he is entitled to a qualifying interest in that hereditament or unit;
he has made reasonable endeavours to sell that interest; or the land falls within paragraph 21, paragraph 22 (disregarding the notes) or paragraph 24 , paragraph 24 or paragraph 24ZA of Schedule 13 and (except in the case of land falling within paragraph 24(c) or 24ZA(c) of that Schedule) the powers of compulsory acquisition remain exercisable and
in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in blighted land, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land,
Subject to subsection (3), subsection (1) shall apply in relation to an interest in part of a hereditament or unit as it applies in relation to an interest in the whole of a hereditament or unit.
Subsection (2) shall not enable any person—
if he is entitled to an interest in the whole of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of his interest in part of a hereditament or unit; or
if he is entitled to an interest only in part of a hereditament or agricultural unit, to make or serve any such claim or notice in respect of his interest in less than the whole of that part.
In this Chapter—
subject to section 161(1), “the claimant”, in relation to a blight notice, means the person who served that notice, and
any reference to the interest of the claimant, in relation to a blight notice, is a reference to the interest which the notice requires the appropriate authority to purchase as mentioned in subsection (1).
Where a blight notice has been served in respect of a hereditament or an agricultural unit, the appropriate authority may serve on the claimant a counter-notice in the prescribed form objecting to the notice.
A counter-notice under subsection (1) may be served at any time before the end of the period of two months beginning with the date of service of the blight notice.
Such a counter-notice shall specify the grounds on which the appropriate authority object to the blight notice (being one or more of the grounds specified in subsection (4) or, as relevant, in section 159(1), 161(5) or 162(5)).
Subject to the following provisions of this Act, the grounds on which objection may be made in a counter-notice to a notice served under section 150 are—
that no part of the hereditament or agricultural unit to which the notice relates is comprised in blighted land;
that the appropriate authority (unless compelled to do so by virtue of this Chapter) do not propose to acquire any part of the hereditament, or in the case of an agricultural unit any part of the affected area, in the exercise of any relevant powers;
that the appropriate authority propose in the exercise of relevant powers to acquire a part of the hereditament or, in the case of an agricultural unit, a part of the affected area specified in the counter-notice, but (unless compelled to do so by virtue of this Chapter) do not propose to acquire any other part of that hereditament or area in the exercise of any such powers;
in the case of land falling within paragraph 1, 3 or 13 but not 14, 15 or 16 of Schedule 13, that the appropriate authority (unless compelled to do so by virtue of this Chapter) do not propose to acquire in the exercise of any relevant powers any part of the hereditament or, in the case of an agricultural unit, any part of the affected area during the period of 15 years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice;
that, on the date of service of the notice under section 150, the claimant was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;
that (for reasons specified in the counter-notice) the interest of the claimant is not a qualifying interest;
that the conditions specified in paragraphs (b) and (c) of section 150(1) are not fulfilled.
Where the appropriate enactment confers power to acquire rights over land, subsection (4) shall have effect as if—
in paragraph (b) after the word “acquire” there were inserted the words “ or to acquire any rights over ”;
in paragraph (c) for the words “do not propose to acquire” there were substituted the words “ propose neither to acquire, nor to acquire any right over ”;
in paragraph (d) after the words “affected area” there were inserted “ or to acquire any right over any part of it ”.
An objection may not be made on the grounds mentioned in paragraph (d) of subsection (4) if it may be made on the grounds mentioned in paragraph (b) of that subsection.
The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 19 of Schedule 13 shall not include those mentioned in subsection (4)(b) or (c).
In this section “relevant powers”, in relation to blighted land falling within any paragraph of Schedule 13, means any powers under which the appropriate authority are or could be authorised— and “the relevant purposes”, in relation to any such land, means the purposes for which, in accordance with the circumstances by virtue of which that land falls within the paragraph in question, it is liable to be acquired or is indicated as being proposed to be acquired.
to acquire that land or to acquire any rights over it compulsorily as being land falling within that paragraph; or
to acquire that land or any rights over it compulsorily for any of the relevant purposes;
The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 25 of Schedule 13 do not include those mentioned in subsection (4)(b).
The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 26 of Schedule 13 do not include those mentioned in subsection (4)(b).
Where— the appropriate authority may serve on the claimant, in substitution for the counter-notice already served, a further counter-notice specifying different grounds of objection.
an appropriate authority have served a counter-notice objecting to a blight notice in respect of any land falling within paragraph 1, 2, 3, 4 or 14 of Schedule 13 by virtue of Note (1) to that paragraph, and
the relevant plan or alterations or, as the case may be, the relevant order or scheme comes into force (whether in its original form or with modifications),
Such a further counter-notice shall not be served—
at any time after the end of the period of two months beginning with the date on which the relevant plan or alterations come into force; or
if the objection in the counter-notice already served has been withdrawn or the Upper Tribunal has already determined whether or not to uphold that objection.
Where a counter-notice has been served under section 151 objecting to a blight notice, the claimant may require the objection to be referred to the Upper Tribunal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On any such reference, if the objection is not withdrawn, the Upper Tribunal shall consider— and, subject to subsection (4), unless it is shown to the satisfaction of the Tribunal that the objection is not well-founded, the Tribunal shall uphold the objection.
the matters set out in the notice served by the claimant, and
the grounds of the objection specified in the counter-notice;
An objection on the grounds mentioned in section 151(4)(b), (c) or (d) shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.
If the Tribunal determines not to uphold the objection, the Tribunal shall declare that the notice to which the counter-notice relates is a valid notice.
Where the effect of a blight notice would be a compulsory purchase to which Part 1 of the Compulsory Purchase Act 1965 applies, the Upper Tribunal may uphold an objection on the grounds mentioned in section 151(4)(c) only if it is satisfied that the part of the hereditament or affected area proposed to be acquired in the counter-notice—
in the case of a house, building or factory, can be taken without material detriment to the house, building or factory, or
in the case of a park or garden belonging to a house, can be taken without seriously affecting the amenity or convenience of the house.
If the Tribunal upholds the objection, but only on the grounds mentioned in section 151(4)(c), the Tribunal shall declare that the notice is a valid notice in relation to the part of the hereditament, or in the case of an agricultural unit the part of the affected area, specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in that notice, but not in relation to any other part of the hereditament or affected area.
In a case falling within subsection (5) or (6), the Tribunal shall give directions specifying the date on which notice to treat (as mentioned in section 154) is to be deemed to have been served.
This section shall have effect in relation to a further counter-notice served by virtue of section 152(1) as it has effect in relation to the counter-notice for which it is substituted.
Subsection (2) applies where a blight notice has been served and either—
no counter-notice objecting to that notice is served in accordance with this Chapter; or
where such a counter-notice has been served, the objection is withdrawn or, on a reference to the Upper Tribunal, is not upheld by the Tribunal.
Where this subsection applies, the appropriate authority shall be deemed—
to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in the hereditament, or in the case of an agricultural unit the interest of the claimant in so far as it subsists in the affected area, and
to have served a notice to treat in respect of it on the date mentioned in subsection (3).
The date referred to in subsection (2)—
in a case where, on a reference to the Upper Tribunal, the Tribunal determines not to uphold the objection, is the date specified in directions given by the Tribunal in accordance with section 153(7);
in any other case, is the date on which the period of two months beginning with the date of service of the blight notice comes to an end.
Subsection (5) applies where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 151(4)(c) and either—
the claimant, without referring that objection to the Upper Tribunal, and before the time for so referring it has expired—
gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the hereditament or affected area specified in the counter-notice, and
withdraws his claim as to the remainder of that hereditament or area; or
on a reference to the Upper Tribunal, the Tribunal makes a declaration in accordance with section 153(6) in respect of that part of the hereditament or affected area.
Where this subsection applies, the appropriate authority shall be deemed—
to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the hereditament or affected area specified in the counter-notice (but not in so far as it subsists in any other part of that hereditament or area), and
to have served a notice to treat in respect of it on the date mentioned in subsection (6).
The date referred to in subsection (5)—
in a case falling within paragraph (a) of subsection (4), is the date on which notice is given in accordance with that paragraph; and
in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Upper Tribunal in accordance with section 153(7).
Subsection (2) shall have effect where the grounds of objection specified in a counter-notice served under section 151 consist of or include the grounds mentioned in paragraph (b) or (d) of subsection (4) of that section and either—
the objection on the grounds mentioned in that paragraph is referred to and upheld by the Upper Tribunal; or
the time for referring that objection to the Upper Tribunal expires without its having been so referred.
If— any power conferred by that order or, as the case may be, by special enactment for the compulsory acquisition of the interest of the claimant in the hereditament or agricultural unit or any part of it shall cease to have effect.
a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes the whole or part of the hereditament or agricultural unit to which the counter-notice relates, or
the land in question falls within paragraph 21 of Schedule 13,
Subsection (4) shall have effect where the grounds of objection specified in a counter-notice under section 151 consist of or include the grounds mentioned in paragraph (c) of subsection (4) of that section and either— and in subsection (4) any reference to “the part of the hereditament or affected area not required” is a reference to the whole of that hereditament or area except the part specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in the counter-notice.
the objection on the grounds mentioned in that paragraph is referred to and upheld by the Upper Tribunal; or
the time for referring that objection to the Upper Tribunal expires without its having been so referred;
If— any power conferred by that order or, as the case may be, by the special enactment for the compulsory acquisition of the interest of the claimant in any land comprised in the part of the hereditament or affected area not required shall cease to have effect.
a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes any of the part of the hereditament or affected area not required, or
the land in question falls within paragraph 21 of Schedule 13,
Subject to subsection (3), the person by whom a blight notice has been served may withdraw the notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the notice has been determined by the Upper Tribunal or, if there has been such a determination, at any time before the end of the period of six weeks beginning with the date of the determination.
Where a blight notice is withdrawn by virtue of subsection (1) any notice to treat deemed to have been served in consequence of it shall be deemed to have been withdrawn.
A person shall not be entitled by virtue of subsection (1) to withdraw a notice after the appropriate authority have exercised a right of entering and taking possession of land in pursuance of a notice to treat deemed to have been served in consequence of that notice.
No compensation shall be payable in respect of the withdrawal of a notice to treat which is deemed to have been withdrawn by virtue of subsection (2).
Where— the compensation payable for the acquisition shall be assessed in accordance with that direction and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.
an interest in land is acquired in pursuance of a blight notice, and
the interest is one in respect of which a compulsory purchase order is in force under section 1 of the Acquisition of Land Act 1981, as applied by section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 137 of the Historic Environment (Wales) Act 2023, containing a direction for minimum compensation under section 50 of that Act of 1990 or section 140 of that Act of 2023,
Where— the compensation payable for the acquisition is to be assessed in accordance with that direction and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.
an interest in land is acquired in pursuance of a blight notice,
the interest is one in respect of which a compulsory purchase order is in force, and
the order directs that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961,
Where— the compensation payable for the acquisition shall be assessed in accordance with that Act and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.
an interest in land is acquired in pursuance of a blight notice, and
the interest is one in respect of which a compulsory purchase order is in force under section 290 of the Housing Act 1985 (acquisition of land for clearance);
The compensation payable in respect of the acquisition by virtue of section 160 of an interest in land comprised in— shall be assessed on the assumptions mentioned in section 5(2), (3) and (4) of the Land Compensation Act 1973.
the unaffected area of an agricultural unit; or
if the appropriate authority have served a counter-notice objecting to the blight notice on the grounds mentioned in section 151(4)(c), so much of the affected area of the unit as is not specified in the counter-notice,
In subsection (3) the reference to “the appropriate authority” shall be construed as if the unaffected area of an agricultural unit were part of the affected area.
This section applies where—
a blight notice is served in respect of an interest in the whole or part of an agricultural unit, and
on the date of service that unit or part contains land (“the unaffected area”) which is not blighted land as well as land (“the affected area”) which is such land.
Where this section applies the claimant may include in the blight notice—
a claim that the unaffected area is not reasonably capable of being farmed, either by itself or in conjunction with other relevant land, as a separate agricultural unit; and
a requirement that the appropriate authority shall purchase his interest in the whole of the unit or, as the case may be, in the whole of the part of it to which the notice relates.
Subject to section 159(4), “other relevant land” in subsection (2) means—
if the blight notice is served only in respect of part of land comprised in the agricultural unit, the remainder of it; and
land which is comprised in any other agricultural unit occupied by the claimant on the date of service and in respect of which he is then entitled to an owner’s interest as defined in section 168(4).
The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of section 158 shall include the ground that the claim made in the notice is not justified.
Objection shall not be made to a blight notice served by virtue of section 158 on the grounds mentioned in section 151(4)(c) unless it is also made on the grounds mentioned in subsection (1).
The Upper Tribunal shall not uphold an objection to a notice served by virtue of section 158 on the grounds mentioned in section 151(4)(c) unless it also upholds the objection on the grounds mentioned in subsection (1).
Where objection is made to a blight notice served by virtue of section 158 on the ground mentioned in subsection (1) and also on those mentioned in section 151(4)(c), the Upper Tribunal, in determining whether or not to uphold the objection, shall treat that part of the affected area which is not specified in the counter-notice as included in “other relevant land” as defined in section 158(3).
If the Upper Tribunal upholds an objection but only on the ground mentioned in subsection (1), the Tribunal shall declare that the blight notice is a valid notice in relation to the affected area but not in relation to the unaffected area.
If the Tribunal upholds an objection both on the ground mentioned in subsection (1) and on the grounds mentioned in section 151(4)(c) (but not on any other grounds) the Tribunal shall declare that the blight notice is a valid notice in relation to the part of the affected area specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in that notice but not in relation to any other part of the affected area or in relation to the unaffected area.
In a case falling within subsection (5) or (6), the Tribunal shall give directions specifying a date on which notice to treat (as mentioned in sections 154 and section 160) is to be deemed to have been served.
Section 153(6) shall not apply to any blight notice served by virtue of section 158.
In relation to a blight notice served by virtue of section 158—
subsection (2) of section 154 shall have effect as if for the words “or in the case of an agricultural unit the interest of the claimant in so far as it subsists in the affected area” there were substituted the words “ or agricultural unit ”; and
subsections (4) and (5) of that section shall not apply to any such blight notice.
The date referred to in subsection (2)—
in a case falling within paragraph (a) of subsection (2), is the date on which notice is given in accordance with that paragraph; and
in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 159(7).
Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 159(1) and also on the grounds mentioned in section 151(4)(c), then if either— the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the affected area specified in the counter-notice (but not in so far as it subsists in any other part of that area or in the unaffected area) and to have served a notice to treat in respect of it on the date mentioned in subsection (5).
the claimant, without referring that objection to the Upper Tribunal and before the time for so referring it has expired—
gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the affected area specified in the counter-notice, and
withdraws his claim as to the remainder of that area and as to the unaffected area; or
on a reference to the Tribunal, the Tribunal makes a declaration in accordance with section 159(6) in respect of that part of the affected area,
The date referred to in subsection (4)—
in a case falling within paragraph (a) of that subsection, is the date on which notice is given in accordance with that paragraph; and
in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Tribunal in accordance with section 159(7).
In relation to a blight notice served by virtue of section 158 references to “the appropriate authority” and “the appropriate enactment” shall be construed as if the unaffected area of an agricultural unit were part of the affected area.
In relation to any time after the death of a person who has served a blight notice, sections 151(1), 152(1), 153(1), 154(4) and (5), 156(1) and 160(2) and (4) shall apply as if any reference in them to the claimant were a reference to the claimant’s personal representatives.
Where the whole or part of a hereditament or agricultural unit is comprised in blighted land and a person claims that— he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, this Chapter.
he is the personal representative of a person (“the deceased”) who at the date of his death was entitled to an interest in that hereditament or unit;
the interest was one which would have been a qualifying interest if a notice under section 150 had been served in respect of it on that date;
he has made reasonable endeavours to sell that interest or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable;
in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in blighted land, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land; and
one or more individuals are (to the exclusion of any body corporate) beneficially entitled to that interest,
Subject to subsection (4), subsection (2) shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the whole of a hereditament or agricultural unit.
Subsection (3) shall not enable any person—
if the deceased was entitled to an interest in the whole of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of the deceased’s interest in part of the hereditament or unit; or
if the deceased was entitled to an interest only in part of the hereditament or agricultural unit, to make or serve any such claim or notice in respect of the deceased’s interest in less than the whole of that part.
Subject to sections 151(7) and 159(2) and (3), the grounds on which objection may be made in a counter-notice under section 151 to a notice under this section are those specified in paragraphs (a) to (c) of subsection (4) of that section and, in a case to which it applies, the grounds specified in paragraph (d) of that subsection and also the following grounds—
that the claimant is not the personal representative of the deceased or that, on the date of the deceased’s death, the deceased was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;
that (for reasons specified in the counter-notice) the interest of the deceased is not such as is specified in subsection (2)(b);
that the conditions specified in subsection (2)(c), (d) or (e) are not satisfied.
Where the whole or part of a hereditament or agricultural unit is comprised in blighted land and a person claims that— then, subject to the provisions of this section, he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, this Chapter.
he is entitled as mortgagee (by virtue of a power which has become exercisable) to sell an interest in the hereditament or unit, giving immediate vacant possession of the land;
he has made reasonable endeavours to sell that interest or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable; and
in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in blighted land, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land,
Subject to subsection (3), subsection (1) shall apply in relation to an interest in part of a hereditament or unit as it applies in relation to an interest in the whole of a hereditament or unit.
Subsection (2) shall not enable a person—
if his interest as mortgagee is in the whole of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of any interest in part of the hereditament or unit; or
if his interest as mortgagee is only in part of a hereditament or agricultural unit, to make or serve any such notice or claim in respect of any interest in less than the whole of that part.
Notice under this section shall not be served unless the interest which the mortgagee claims he has the power to sell—
could be the subject of a notice under section 150 served by the person entitled to it on the date of service of the notice under this section; or
could have been the subject of such a notice served by that person on a date not more than six months before the date of service of the notice under this section.
Subject to sections 151(7) and 159(2) and (3), the grounds on which objection may be made in a counter-notice under section 151 to a notice under this section are those specified in paragraphs (a) to (c) of subsection (4) of that section and, in a case to which it applies, the grounds specified in paragraph (d) of that subsection and also the following grounds—
that, on the date of service of the notice under this section, the claimant had no interest as mortgagee in any part of the hereditament or agricultural unit to which the notice relates;
that (for reasons specified in the counter-notice) the claimant had not on that date the power referred to in subsection (1)(a);
that the conditions specified in subsection (1)(b) and (c) are not fulfilled;
that (for reasons specified in the counter-notice) neither of the conditions specified in subsection (4) was, on the date of service of the notice under this section, satisfied with regard to the interest referred to in that subsection.
No notice shall be served under section 150 or 161 in respect of a hereditament or agricultural unit, or any part of it, at a time when a notice already served under section 162 is outstanding with respect to it, and no notice shall be served under section 162 at a time when a notice already served under section 150 or 161 is outstanding with respect to the relevant hereditament, unit or part.
For the purposes of subsection (1), a notice shall be treated as outstanding with respect to a hereditament, unit or part—
until it is withdrawn in relation to the hereditament, unit or part; or
in a case where an objection to the notice has been made by a counter-notice under section 151, until either—
the period of two months specified in section 153 elapses without the claimant having required the objection to be referred to the Upper Tribunal under that section; or
the objection, having been so referred, is upheld by the Tribunal with respect to the hereditament, unit or part.
This section shall have effect for the purposes of the application of this Chapter to a hereditament or agricultural unit occupied for the purposes of a partnership firm.
Occupation for the purposes of the firm shall be treated as occupation by the firm, and not as occupation by any one or more of the partners individually, and the definitions of “owner-occupier” in section 168(1) and (2) shall apply in relation to the firm accordingly.
If, after the service by the firm of a blight notice, any change occurs (whether by death or otherwise) in the constitution of the firm, any proceedings, rights or obligations consequential upon that notice may be carried on or exercised by or against, or, as the case may be, shall be incumbent upon, the partners for the time being constituting the firm.
Nothing in this Chapter shall be construed as indicating an intention to exclude the operation of the definition of “person” in Schedule 1 to the Interpretation Act 1978 (by which, unless the contrary intention appears, “person” includes any body of persons corporate or unincorporate) in relation to any provision of this Chapter.
Subsection (2) shall not affect the definition of “resident owner-occupier” in section 168(3).
Where a blight notice has been served in respect of land falling within paragraph 7, 8 or 9 of Schedule 13, then until such time as a development corporation is established for the new town or, as the case may be, an urban development corporation is established for the urban development area the Secretary of State shall have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.
Where the Secretary of State acquires an interest under subsection (1), then—
if the land is or becomes land within paragraph 8 or, as the case may be, paragraph 9(b) of Schedule 13, the interest shall be transferred by him to the development corporation established for the new town or, as the case may be, the urban development corporation established for the urban development area; and
in any other case, the interest may be disposed of by him in such manner as he thinks fit.
The Land Compensation Act 1961 shall have effect in relation to the compensation payable in respect of the acquisition of an interest by the Secretary of State under subsection (1) as if—
the acquisition were by a development corporation under the New Towns Act 1981 or, as the case may be, by an urban development corporation under Part XVI of the Local Government, Planning and Land Act 1980;
in the case of land within paragraph 7 of Schedule 13, the land formed part of an area designated as the site of a new town by an order which has come into operation under section 1 of the New Towns Act 1981; and
in the case of land within paragraph 9(a) of Schedule 13, the land formed part of an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980 which has come into operation.
Where a blight notice has been served in respect of land falling within paragraph 1C of Schedule 13, the Welsh Ministers have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.
The provisions of sections 151(4)(c), 153(6), 154(4) and (5) and 155(3) and (4) relating to hereditaments shall not affect—
the right of a claimant under section 92 of the Lands Clauses Consolidation Act 1845 to sell the whole of the hereditament or, in the case of an agricultural unit, the whole of the affected area, which he has required the authority to purchase; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of a house, building or factory, the part proposed to be acquired can be taken without material detriment to the house, building or factory; or
in the case of a park or garden belonging to a house, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house.
Without prejudice to the provisions of section 156(1) and (2), a notice to treat which is deemed to have been served by virtue of this Chapter may not be withdrawn under section 31 of the Land Compensation Act 1961.
Where a blight notice has been served in respect of land falling within paragraph 9A of Schedule 13 then, until such time as a Mayoral development corporation is established for the Mayoral development area, the Greater London Authority has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.
Where the Greater London Authority acquires an interest under subsection (1), then—
if the land is or becomes land within paragraph 9A(b) of Schedule 13, the interest is to be transferred by the Authority to the Mayoral development corporation established for the Mayoral development area; and
in any other case, the interest may be disposed of by the Authority in such manner as the Authority thinks fit.
The Land Compensation Act 1961 has effect in relation to the compensation payable in respect of the acquisition of an interest by the Greater London Authority under subsection (1) as if—
the acquisition were by a Mayoral development corporation under Chapter 2 of Part 8 of the Localism Act 2011; and
the land formed part of an area for which a Mayoral development corporation has been established.
Where a blight notice has been served in respect of land falling within paragraph 25 of Schedule 13, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.
Subject to the following provisions of this section, in this Chapter “owner-occupier”, in relation to a hereditament, means—
a person who occupies the whole or a substantial part of the hereditament in right of an owner’s interest in it, and has so occupied the hereditament or that part of it during the whole of the period of six months ending with the date of service; or
if the whole or a substantial part of the hereditament was unoccupied for a period of not more than 12 months ending with that date, a person who so occupied the hereditament or, as the case may be, that part of it during the whole of a period of six months ending immediately before the period when it was not occupied.
Subject to the following provisions of this section, in this Chapter “owner-occupier”, in relation to an agricultural unit, means a person who— and, at all times material for the purposes of paragraph (a) or, as the case may be, paragraph (b) has been entitled to an owner’s interest in the whole or part of that unit.
occupies the whole of that unit and has occupied it during the whole of the period of six months ending with the date of service; or
occupied the whole of that unit during the whole of a period of six months ending not more than 12 months before the date of service,
In this Chapter “resident owner-occupier”, in relation to a hereditament, means—
an individual who occupies the whole or a substantial part of the hereditament as a private dwelling in right of an owner’s interest in it, and has so occupied the hereditament or, as the case may be, that part during the whole of the period of six months ending with the date of service; or
if the whole or a substantial part of the hereditament was unoccupied for a period of not more than 12 months ending with that date, an individual who so occupied the hereditament or, as the case may be, that part during the whole of a period of six months ending immediately before the period when it was not occupied.
In this section—
Subject to the following provisions of this section, in this Chapter “the appropriate authority”, in relation to any land, means the government department, local authority National Park authority or other body or person by whom, in accordance with the circumstances by virtue of which the land falls within any paragraph of Schedule 13, the land is liable to be acquired or is indicated as being proposed to be acquired or, as the case may be, any right over the land is proposed to be acquired.
If any question arises— that question shall be referred to the Secretary of State, whose decision shall be final.
whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a local highway authority; or
which of two or more local highway authorities is the appropriate authority in relation to any land for those purposes; or
which of two or more local authorities is the appropriate authority in relation to any land for those purposes,
If any question arises which authority is the appropriate authority for the purposes of this Chapter—
section 151(2) shall have effect as if the reference to the date of service of the blight notice were a reference to that date or, if it is later, the date on which that question is determined;
section 162(4)(b) shall apply with the substitution for the period of six months of a reference to that period extended by so long as it takes to obtain a determination of the question; and
section 168(1)(b), (2)(b) and (3)(b) shall apply with the substitution for the reference to 12 months before the date of service of a reference to that period extended by so long as it takes to obtain a determination of the question.
In relation to land falling within paragraph 7, 8 or 9 of Schedule 13, until such time as a development corporation is established for the new town or, as the case may be, an urban development corporation is established for the urban development area, this Chapter shall have effect as if “the appropriate authority” were the Secretary of State.
In relation to land falling within paragraph 19 of Schedule 13, “the appropriate authority” shall be the highway authority for the highway in relation to which the order mentioned in that paragraph was made.
In relation to land falling within paragraph 9A of Schedule 13, until such time as a Mayoral development corporation is established for the Mayoral development area, this Chapter has effect as if “the appropriate authority” were the Mayor of London.
In relation to land falling within paragraph 25 of Schedule 13, “the appropriate authority” is—
if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;
in any other case, the Secretary of State.
If any question arises by virtue of subsection (6)— that question shall be referred to the Secretary of State, whose decision shall be final.
whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or
which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,
In relation to land falling within paragraph 26 of Schedule 13, “the appropriate authority” is—
if the infrastructure policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;
in any other case, the Welsh Ministers.
If any question arises by virtue of subsection (7A)—
whether the appropriate authority in relation to any land for the purposes of this Chapter is the Welsh Ministers or a statutory undertaker; or
which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes, that question must be referred to the Welsh Ministers, whose decision is final.
In subsections (6) and (7) , (7), (7A) and (7B) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11.
Where a blight notice has been served in respect of land falling within paragraph 26 of Schedule 13, the Welsh Ministers have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.
Subject to the following provisions of this section, in this Chapter “the appropriate enactment”, in relation to land falling within any paragraph of Schedule 13, means the enactment which provides for the compulsory acquisition of land as being land falling within that paragraph or, as respects paragraph 22(b), the enactment under which the compulsory purchase order referred to in that paragraph was made.
In relation to land falling within paragraph 1B, 1C, 2, 3 or 4 of that Schedule, an enactment shall for the purposes of subsection (1) be taken to be an enactment which provides for the compulsory acquisition of land as being land falling within that paragraph if—
the enactment provides for the compulsory acquisition of land for the purposes of the functions which are indicated in the development plan as being the functions for the purposes of which the land is allocated or is proposed to be developed; or
where no particular functions are so indicated in the development plan, the enactment provides for the compulsory acquisition of land for the purposes of any of the functions of the government department, local authority National Park authority or other body for the purposes of whose functions the land is allocated or is defined as the site of proposed development.
In relation to land falling within paragraph 2, 3 or 4 of that Schedule by virtue of Note (1) to that paragraph, “the appropriate enactment” shall be determined in accordance with subsection (2) as if references in that subsection to the development plan were references to any such plan, proposal or modifications as are mentioned in paragraph (a), (b) or (c) of that Note.
In relation to land falling within— “the appropriate enactment” is to be determined in accordance with subsection (2) as if references in that subsection to the development plan were references to any such plan, revision or draft as is mentioned in the Note in question.
paragraph 1B of that Schedule by virtue of Note (2)(c) or (d) to that paragraph, or
paragraph 1C of that Schedule by virtue of Note (1)(b) to that paragraph,
In relation to land falling within paragraph 5 or 6 of that Schedule, “the appropriate enactment” shall be determined in accordance with subsection (2) as if references in that subsection to the development plan were references to the resolution or direction in question.
In relation to land falling within paragraph 7, 8 , 9 or 9A of that Schedule, until such time as a development corporation is established for the new town or, as the case may be, an urban development corporation is established for the urban development area or a Mayoral development corporation is established for the Mayoral development area , this Chapter shall have effect as if “the appropriate enactment” were section 165(1).
In relation to land falling within paragraph 10 or 11 of that Schedule, “the appropriate enactment” shall be section 290 of the Housing Act 1985.
In relation to land falling within paragraph 19 of that Schedule, “the appropriate enactment” shall be section 239(6) of the Highways Act 1980.
In relation to land falling within paragraph 22 of that Schedule by virtue of Note (1) to that paragraph, “the appropriate enactment” shall be the enactment which would provide for the compulsory acquisition of the land or of the rights over the land if the relevant compulsory purchase order were confirmed or made.
Where, in accordance with the circumstances by virtue of which any land falls within any paragraph of that Schedule, it is indicated that the land is proposed to be acquired for highway purposes, any enactment under which a highway authority are or (subject to the fulfilment of the relevant conditions) could be authorised to acquire that land compulsorily for highway purposes shall, for the purposes of subsection (1), be taken to be an enactment providing for the compulsory acquisition of that land as being land falling within that paragraph.
In subsection (9) the reference to the fulfilment of the relevant conditions is a reference to such one or more of the following as are applicable to the circumstances in question—
the coming into operation of any requisite order or scheme made, or having effect as if made, under the provisions of Part II of the Highways Act 1980;
the coming into operation of any requisite scheme made, or having effect as if made, under section 106(3) of that Act;
the making or approval of any requisite plans.
In relation to land falling within paragraph 24(a) or (b) of that Schedule, “the appropriate enactment” is the order granting development consent.
In relation to land falling within paragraph 24(c) of that Schedule, “the appropriate enactment” is an order in the terms of the order applied for.
If, apart from this subsection, two or more enactments would be the appropriate enactment in relation to any land for the purposes of this Chapter, the appropriate enactment for those purposes shall be taken to be that one of those enactments under which, in the circumstances in question, it is most likely that (apart from this Chapter) the land would have been acquired by the appropriate authority.
If any question arises as to which enactment is the appropriate enactment in relation to any land for the purposes of this Chapter, that question shall be referred— and the decision of the Minister or, as the case may be, the Secretary of State shall be final.
where the appropriate authority are a government department, to the Minister in charge of that department;
where the appropriate authority are statutory undertakers, to the appropriate Minister; and
in any other case, to the Secretary of State,
In relation to land falling within paragraph 25 of that Schedule, “the appropriate enactment” is section 165A.
In relation to land falling within paragraph 24ZA(a) or (b) of that Schedule, “the appropriate enactment” is the infrastructure consent order.
In relation to land falling within paragraph 24ZA(c) of that Schedule, “the appropriate enactment” is an infrastructure consent order in the terms of the order applied for.
In relation to land falling within paragraph 26 of that Schedule, “the appropriate enactment is section 165B.
Subject to the following provisions of this section, in this Chapter—
is of a prescribed description.
“mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act);
on summary conviction to a fine not exceeding £200 for each day on which the offence is continued, or
“the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988;
on conviction on indictment to a fine.
“mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;
in the case of a hereditament which is shown in a local non-domestic rating list and none of which consists of domestic property or property exempt from local non-domestic rating, the value shown in that list as the rateable value of that hereditament on the date of service;
in the case of a hereditament which is shown in a local non-domestic rating list and which includes domestic property or property exempt from local non-domestic rating, the sum of—
the value shown in that list as the rateable value of that hereditament on the date of service; and
the value attributable to the non-rateable part of that hereditament in accordance with subsections (2) and (3);
in the case of any other hereditament, the value attributable to that hereditament in accordance with subsections (2) and (3);
The value attributable to a hereditament, or the non-rateable part of it, in respect of domestic property shall be the value certified by the relevant valuation officer as being 5 per cent. of the compensation which would be payable in respect of the value of that property if it were purchased compulsorily under statute with vacant possession and the compensation payable were calculated in accordance with Part II of the Land Compensation Act 1961 by reference to the relevant date.
The value attributable to a hereditament, or the non-rateable part of it, in respect of property exempt from local non-domestic rating shall be the value certified by the relevant valuation officer as being the value which would have been shown as the rateable value of that property on the date of service if it were a relevant non-domestic hereditament consisting entirely of non-domestic property, none of which was exempt from local non-domestic rating.
Land which (apart from this subsection) would comprise separate hereditaments solely by reason of being divided by a boundary between rating areas shall be treated for the purposes of the definition of “hereditament” in subsection (1) as if it were not so divided.
In this section— and expressions used in the definition of “annual value” in subsection (1) or in subsection (2) or (3) which are also used in Part III of that Act have the same meaning as in that Part.
For the purposes of this Act— constitutes a breach of planning control.
carrying out development without the required planning permission; or
failing to comply with any condition or limitation subject to which planning permission has been granted,
For the purposes of this Act— constitutes taking enforcement action.
the issue of an enforcement warning notice in relation to land in England under section 172ZA;
the issue of an enforcement notice (defined in section 172);
the issue of an enforcement warning notice in relation to land in Wales under section 173ZA; or
the service of a breach of condition notice (defined in section 187A),
In this Part “planning permission” includes permission under Part III of the 1947 Act, of the 1962 Act or of the 1971 Act.
Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of—
in the case of a breach of planning control in England, ten years beginning with the date on which the operations were substantially completed, and
in the case of a breach of planning control in Wales, four years beginning with the date on which the operations were substantially completed.
Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of—
in the case of a breach of planning control in England, ten years beginning with the date of the breach, and
in the case of a breach of planning control in Wales, four years beginning with the date of the breach.
There is no restriction on when enforcement action may be taken in relation to a breach of planning control in respect of relevant demolition (within the meaning of section 196D).
In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.
The preceding subsections do not prevent—
the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect; or
taking further enforcement action in respect of any breach of planning control if, during the period of four years ending with that action being taken, the local planning authority have taken or purported to take enforcement action in respect of that breach.
Where it appears to the local planning authority that there may have been a breach of planning control in respect of any land in England, the authority may apply to a magistrates' court for an order under this subsection (a “planning enforcement order”) in relation to that apparent breach of planning control.
If a magistrates' court makes a planning enforcement order in relation to an apparent breach of planning control, the local planning authority may take enforcement action in respect of— at any time in the enforcement year.
the apparent breach, or
any of the matters constituting the apparent breach,
“The enforcement year” for a planning enforcement order is the year that begins at the end of 22 days beginning with the day on which the court's decision to make the order is given, but this is subject to subsection (4).
If an application under section 111(1) of the Magistrates' Courts Act 1980 (statement of case for opinion of High Court) is made in respect of a planning enforcement order, the enforcement year for the order is the year beginning with the day on which the proceedings arising from that application are finally determined or withdrawn.
Subsection (2)—
applies whether or not the time limits under section 171B have expired, and
does not prevent the taking of enforcement action after the end of the enforcement year but within those time limits.
An application for a planning enforcement order in relation to an apparent breach of planning control may be made within the 6 months beginning with the date on which evidence of the apparent breach of planning control sufficient in the opinion of the local planning authority to justify the application came to the authority's knowledge.
For the purposes of subsection (1), a certificate— is conclusive evidence of that fact.
signed on behalf of the local planning authority, and
stating the date on which evidence sufficient in the authority's opinion to justify the application came to the authority's knowledge,
A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.
Where the local planning authority apply to a magistrates' court for a planning enforcement order in relation to an apparent breach of planning control in respect of any land, the authority must serve a copy of the application—
on the owner and on the occupier of the land, and
on any other person having an interest in the land that is an interest which, in the opinion of the authority, would be materially affected by the taking of enforcement action in respect of the apparent breach.
The persons entitled to appear before, and be heard by, the court hearing an application for a planning enforcement order in relation to an apparent breach of planning control in respect of any land include—
the applicant,
any person on whom a copy of the application was served under subsection (4), and
any other person having an interest in the land that is an interest which, in the opinion of the court, would be materially affected by the taking of enforcement action in respect of the apparent breach.
In this section “planning enforcement order” means an order under section 171BA(1).
A magistrates' court may make a planning enforcement order in relation to an apparent breach of planning control only if—
the court is satisfied, on the balance of probabilities, that the apparent breach, or any of the matters constituting the apparent breach, has (to any extent) been deliberately concealed by any person or persons, and
the court considers it just to make the order having regard to all the circumstances.
A planning enforcement order must—
identify the apparent breach of planning control to which it relates, and
state the date on which the court's decision to make the order was given.
In this section “planning enforcement order” means an order under section 171BA(1).
The local planning authority may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to them—
that there has been a breach of planning control; and
that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.
A copy of an enforcement notice shall be served—
on the owner and on the occupier of the land to which it relates; and
on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice.
The service of the notice shall take place—
not more than twenty-eight days after its date of issue; and
not less than twenty-eight days before the date specified in it as the date on which it is to take effect.
An enforcement notice which relates to a breach of planning control consisting in— may be issued only within the period of four years from the date of the breach.
the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land; or
the failure to comply with any condition or limitation which relates to the carrying out of such operations and subject to which planning permission was granted for the development of that land; or
the making without planning permission of a change of use of any building to use as a single dwellinghouse; or
the failure to comply with a condition which prohibits or has the effect of preventing a change of use of a building to use as a single dwellinghouse,
Subject to section 175(4), an enforcement notice shall take effect on a date specified in it (in this Part referred to as the “specified date”).
A copy of an enforcement notice shall be served not later than 28 days after the date of its issue and not later than 28 days before the specified date—
on the owner and on the occupier of the land to which it relates; and
on any other person having an interest in that land, which in the opinion of the authority is an interest materially affected by the notice.
The local planning authority may withdraw an enforcement notice (without prejudice to their powers to issue another) at any time before it takes effect.
If they do so, they shall immediately give notice of the withdrawal to every person who was served with a copy of the notice.
An enforcement notice shall state—
the matters which appear to the local planning authority to constitute the breach of planning control; and
the paragraph of section 171A(1) within which, in the opinion of the authority, the breach falls.
A notice complies with subsection (1)(a) if it enables any person on whom a copy of it is served to know what those matters are.
any steps the local planning authority require to be taken in order to remedy the breach; and
any such steps as are mentioned in subsection (4) which the authority require to be taken.
An enforcement notice shall specify the steps which the authority require to be taken, or the activities which the authority require to cease, in order to achieve, wholly or partly, any of the following purposes.
“Minister” means any Minister of the Crown or other government department;
the demolition or alteration of any building or works;
the discontinuance of any use of land; and
the carrying out on land of any building or other operations.
Those purposes are—
remedying the breach by making any development comply with the terms (including conditions and limitations) of any planning permission which has been granted in respect of the land, by discontinuing any use of the land or by restoring the land to its condition before the breach took place; or
remedying any injury to amenity which has been caused by the breach.
An enforcement notice may, for example, require—
the alteration or removal of any buildings or works;
the carrying out of any building or other operations;
any activity on the land not to be carried on except to the extent specified in the notice; or
the contour of a deposit of refuse or waste materials on land to be modified by altering the gradient or gradients of its sides.
Where an enforcement notice is issued in respect of a breach of planning control consisting of demolition of a building, the notice may require the construction of a building (in this section referred to as a “replacement building”) which, subject to subsection (7), is as similar as possible to the demolished building.
A replacement building—
must comply with any requirement imposed by any enactment applicable to the construction of buildings;
may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control;
must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b)).
An enforcement notice shall specify the date on which it is to take effect and, subject to sections 175(4) and 289(4A), shall take effect on that date.
an enforcement notice has been issued in respect of development consisting of the erection of a building or the carrying out of works without the grant of planning permission; and
the notice has required the taking of steps for a purpose mentioned in subsection (4)(b); and
the steps have been taken,
An enforcement notice shall specify the period at the end of which any steps are required to have been taken or any activities are required to have ceased and may specify different periods for different steps or activities; and, where different periods apply to different steps or activities, references in this Part to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period at the end of which the step is required to have been taken or the activity is required to have ceased.
An enforcement notice shall specify such additional matters as may be prescribed, and regulations may require every copy of an enforcement notice served under section 172 to be accompanied by an explanatory note giving prescribed information as to the right of appeal under section 174.
Where— then, so far as the notice did not so require, planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities.
an enforcement notice in respect of any breach of planning control could have required any buildings or works to be removed or any activity to cease, but does not do so; and
all the requirements of the notice have been complied with,
Where— planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of that construction.
an enforcement notice requires the construction of a replacement building; and
all the requirements of the notice with respect to that construction have been complied with,
The local planning authority may issue a notice (an “enforcement warning notice”) where it appears to them that—
there has been a breach of planning control in respect of any land in England, and
there is a reasonable prospect that, if an application for planning permission in respect of the development concerned were made, planning permission would be granted.
The notice must—
state the matters that appear to the authority to constitute the breach of planning control, and
state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken.
A copy of the notice must be served—
on the owner and the occupier of the land to which it relates, and
on any other person having an interest in the land, being an interest that, in the opinion of the authority, would be materially affected by the taking of any further enforcement action.
The issue of an enforcement warning notice does not affect any other power exercisable in respect of any breach of planning control.
When, or at any time after, an enforcement notice is served on a person, the local planning authority may give the person a letter—
explaining that, once the enforcement notice had been issued, the authority was required to serve the notice on the person,
giving the person one of the following assurances—
that, in the circumstances as they appear to the authority, the person is not at risk of being prosecuted under section 179 in connection with the enforcement notice, or
that, in the circumstances as they appear to the authority, the person is not at risk of being prosecuted under section 179 in connection with the matters relating to the enforcement notice that are specified in the letter,
explaining, where the person is given the assurance under paragraph (b)(ii), the respects in which the person is at risk of being prosecuted under section 179 in connection with the enforcement notice, and
stating that, if the authority subsequently wishes to withdraw the assurance in full or part, the authority will first give the person a letter specifying a future time for the withdrawal that will allow the person a reasonable opportunity to take any steps necessary to avoid any risk of prosecution that is to cease to be covered by the assurance.
At any time after a person has under subsection (1) been given a letter containing an assurance, the local planning authority may give the person a letter withdrawing the assurance (so far as not previously withdrawn) in full or part from a time specified in the letter.
The time specified in a letter given under subsection (2) to a person must be such as will give the person a reasonable opportunity to take any steps necessary to avoid any risk of prosecution that is to cease to be covered by the assurance.
Withdrawal under subsection (2) of an assurance given under subsection (1) does not withdraw the assurance so far as relating to prosecution on account of there being a time before the withdrawal when steps had not been taken or an activity had not ceased.
An assurance given under subsection (1) (so far as not withdrawn under subsection (2)) is binding on any person with power to prosecute an offence under section 179.
A person having an interest in the land to which an enforcement notice relates or a relevant occupier may appeal to the Secretary of State against the notice, whether or not a copy of it has been served on him.
An appeal may be brought on any of the following grounds—
that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;
that those matters have not occurred;
that those matters (if they occurred) do not constitute a breach of planning control;
that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;
that copies of the enforcement notice were not served as required by section 172;
that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;
that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed.
that the period specified in the notice as the period within which any step is to be taken falls short of what should reasonably be allowed.
An appeal under this section shall be made . . . —
by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect; or
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 ; or
by sending such notice to him using electronic communications at such time that, in the ordinary course of transmission, it would be delivered to him before that date.
An appeal may not be brought on the ground specified in subsection (2)(a) if—
the land to which the enforcement notice relates is in England, and
the enforcement notice was issued at a time after the making of an application for planning permission that was related to the enforcement notice.
For the purposes of subsection (2A)—
an application for planning permission for the development of any land is related to an enforcement notice if granting planning permission for the development would involve granting planning permission in respect of the matters specified in the enforcement notice as constituting a breach of planning control;
an application for planning permission that the local planning authority or the Secretary of State declined to determine under section 70A, 70B or 70C is to be ignored.
A person who gives notice under subsection (3) shall submit to the Secretary of State, either when giving the notice or within the prescribed time, a statement in writing—
specifying the grounds on which he is appealing against the enforcement notice; and
giving such further information as may be prescribed.
If, where more than one ground is specified in that statement, the appellant does not give information required under subsection (4)(b) in relation to each of those grounds within the prescribed time, the Secretary of State may determine the appeal without considering any ground as to which the appellant has failed to give such information within that time.
But subsection (2A) does not apply if—
the application for planning permission has ceased to be under consideration, and
the enforcement notice was issued after the end of the period of two years beginning with the day on which the application ceased to be under consideration.
For the purposes of subsection (2AB), an application for planning permission has ceased to be under consideration if—
the application was refused, or granted subject to conditions, and, in the case of an application determined by the local planning authority, the applicant did not appeal under section 78(1)(a);
the applicant did not appeal in the circumstances mentioned in section 78(2) and the application was not subsequently refused;
the applicant appealed under section 78(1)(a) or section 78(2) and—
the appeal was dismissed,
the application was on appeal granted subject to conditions, or subject to different conditions, or
the Secretary of State declined under section 79(6) to determine the appeal.
In this section “relevant occupier” means a person who—
on the date on which the enforcement notice is issued occupies the land to which the notice relates by virtue of a licence [. . .; and
continues so to occupy the land when the appeal is brought.
For the purposes of subsection (2AB), the day on which the application ceased to be under consideration is—
in a case within subsection (2AC)(a), the day on which the right to appeal arose;
in a case within subsection (2AC)(b), the day after the end of the prescribed period referred to in section 78(2);
in a case within subsection (2AC)(c)(i), the day on which the appeal was dismissed;
in a case within subsection (2AC)(c)(ii), the day on which the appeal was determined;
in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(1)(a), the day on which the right to appeal arose;
in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(2), the day after the end of the prescribed period referred to in section 78(2).
Where any breach of planning control constituted by the matters stated in the notice relates to relevant demolition (within the meaning of section 196D), an appeal may also be brought on the grounds that—
the relevant demolition was urgently necessary in the interests of safety or health;
it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter; and
the relevant demolition was the minimum measure necessary.
An appeal against an enforcement notice may not be brought on the ground that planning permission ought to be granted in respect of a breach of planning control constituted by a matter stated in the notice, as specified in subsection (2)(a), if—
the land to which the enforcement notice relates is in Wales, and
the enforcement notice was issued after a decision to refuse planning permission for a related development was upheld on an appeal under section 78 (and for this purpose development is “related” if granting planning permission for it would involve granting planning permission in respect of the matter concerned).
An appeal may not be brought on the ground that a condition or limitation ought to be discharged, as specified in subsection (2)(a), if—
the land to which the enforcement notice relates is in Wales, and
the enforcement notice was issued after a decision to grant planning permission subject to the condition or limitation was upheld on an appeal under section 78.
For the purposes of subsections (2D) and (2E), references to a decision that has been upheld on an appeal include references to a decision in respect of which—
the Welsh Ministers have, under section 79(6), declined to determine an appeal or to proceed with the determination of an appeal;
an appeal has been dismissed under section 79(6A).
The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under section 174 and, in particular, but without prejudice to the generality of this subsection, may—
require the local planning authority to submit, within such time as may be prescribed, a statement indicating the submissions which they propose to put forward on the appeal;
specify the matters to be included in such a statement;
require the authority or the appellant to give such notice of such an appeal as may be prescribed;
require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be prescribed, a copy of the enforcement notice and a list of the persons served with copies of it.
The notice to be prescribed under subsection (1)(c) shall be such notice as in the opinion of the Secretary of State is likely to bring the appeal to the attention of persons in the locality in which the land to which the enforcement notice relates is situated.
Subject to section 176(4), the Secretary of State shall, if either the appellant or the local planning authority so desire, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
Where an appeal is brought under section 174 the enforcement notice shall subject to any order under section 289(4A) be of no effect pending the final determination or the withdrawal of the appeal.
Subsection (3) does not apply to an appeal against an enforcement notice issued by a local planning authority in England.
Subsection (3) does not apply to an appeal against an enforcement notice issued by a local planning authority in Wales.
Where any person has appealed to the Secretary of State against an enforcement notice, no person shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.
Schedule 6 applies to appeals under section 174, including appeals under that section as applied by regulations under any other provisions of this Act.
Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings in England before the Secretary of State on an appeal under section 174 as if those proceedings were an inquiry held by the Secretary of State under section 250.
On an appeal under section 174 the Secretary of State may— if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.
correct any defect, error or misdescription in the enforcement notice; or
vary the terms of the enforcement notice,
Where the Secretary of State determines to allow the appeal, he may quash the notice.
correct any informality, defect or error in the enforcement notice; or
give directions for varying its terms.
The Secretary of State—
may dismiss an appeal if the appellant fails to comply with section 174(4) within the prescribed time; and
may allow an appeal and quash the enforcement notice if the local planning authority fail to comply with any requirement of regulations made by virtue of paragraph (a), (b), or (d) of section 175(1) within the prescribed period.
The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.
If section 175(3) would otherwise apply and the Secretary of State proposes to dismiss an appeal under paragraph (a) of subsection (3) of this section or to allow an appeal and quash the enforcement notice under paragraph (b) of that subsection, he need not comply with section 175(3).
Where it would otherwise be a ground for determining an appeal under section 174 in favour of the appellant that a person required to be served with a copy of the enforcement notice was not served, the Secretary of State may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.
If at any time before or during the determination of an appeal against an enforcement notice issued by a local planning authority in England it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, the Secretary of State may—
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 so specified for the expedition of the appeal, and
if the appellant fails to take those steps within that period, dismiss the appeal accordingly.
This section applies where it appears to the local planning authority that—
there has been a breach of planning control in respect of any land in Wales, and
there is a reasonable prospect that, if an application for planning permission in respect of the development concerned were made, planning permission would be granted.
The authority may issue a notice under this section (an “enforcement warning notice”).
A copy of an enforcement warning notice is to be served—
on the owner and the occupier of the land to which the notice relates, and
on any other person having an interest in the land, being an interest that, in the opinion of the authority, would be materially affected by the taking of any further enforcement action.
The notice must—
state the matters that appear to the authority to constitute the breach of planning control, and
state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken.
The issue of an enforcement warning notice does not affect any other power exercisable in respect of any breach of planning control.
The local planning authority may—
withdraw an enforcement notice issued by them; or
waive or relax any requirement of such a notice and, in particular, may extend any period specified in accordance with section 173(9).
The powers conferred by subsection (1) may be exercised whether or not the notice has taken effect.
The local planning authority shall, immediately after exercising the powers conferred by subsection (1), give notice of the exercise to every person who has been served with a copy of the enforcement notice or would, if the notice were re-issued, be served with a copy of it.
The withdrawal of an enforcement notice does not affect the power of the local planning authority to issue a further enforcement notice.
On the determination of an appeal under section 174, the Secretary of State may—
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;
discharge any condition or limitation subject to which planning permission was granted;
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.
In considering whether to grant planning permission under subsection (1), the Secretary of State shall have regard to the provisions of the development plan, so far as material to the subject matter of the enforcement notice, and to any other material considerations.
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—
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
references to the local planning authority were references to the Secretary of State.
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
The planning permission that may be granted under subsection (1) is any planning permission that might be granted on an application under Part III.
include permission to retain or complete any buildings or works on the land, or to do so without complying with some condition attached to a previous planning permission;
be granted subject to such conditions as the Secretary of State thinks fit;
Where under subsection (1) the Secretary of State discharges a condition or limitation, he may substitute another condition or limitation for it, whether more or less onerous.
Subsection (1)(a) applies only if the statement under section 174(4) specifies the ground mentioned in section 174(2)(a).
Where— the appellant shall be deemed to have made an application for planning permission in respect of the matters stated in the enforcement notice as constituting a breach of planning control.
an appeal against an enforcement notice is brought under section 174, and
the statement under section 174(4) specifies the ground mentioned in section 174(2)(a),
Any planning permission granted under subsection (1) on an appeal shall be treated as granted on the application deemed to have been made by the appellant.
In relation to a grant of planning permission or a determination under subsection (1) the Secretary of State’s decision shall be final.
For the purposes of section 69 the Secretary of State’s decision shall be treated as having been given by him in dealing with an application for planning permission made to the local planning authority.
Section 100ZA (which makes provision about restrictions on the power to impose conditions or limitations on a grant of planning permission in relation to land in England) applies in relation to conditions substituted under subsection (4) as it applies in relation to conditions imposed on a grant of planning permission to develop land which is granted on an application made under Part 3.
Where— then, if that fee is not paid within that period, the appeal, so far as brought on that ground, and the application shall lapse at the end of that period.
the statement under subsection (4) of section 174 specifies the ground mentioned in subsection (2)(a) of that section;
any fee is payable under regulations made by virtue of section 303 in respect of the application deemed to be made by virtue of the appeal; and
the Secretary of State gives notice in writing to the appellant specifying the period within which the fee must be paid,
Where any steps required by an enforcement notice to be taken are not taken within the period for compliance with the notice, the local planning authority may—
enter the land and take the steps; and
recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.
Where a copy of an enforcement notice has been served in respect of any breach of planning control . . .— shall be deemed to be incurred or paid for the use and at the request of the person by whom the breach of planning control was committed.
any expenses incurred by the owner or occupier of any land for the purpose of complying with the notice, and
any sums paid by the owner of any land under subsection (1) in respect of expenses incurred by the local planning authority in taking steps required by such a notice to be taken,
Regulations made under this Act may provide that— shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by an enforcement notice.
section 276 of the Public Health Act 1936, (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);
section 289 of that Act (power to require the occupier of any premises to permit works to be executed by the owner of the premises); and
section 294 of that Act (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act),
Regulations under subsection (3) applying section 289 of the Public Health Act 1936 may include adaptations and modifications for the purpose of giving the owner of land to which an enforcement notice relates the right, as against all other persons interested in the land, to comply with the requirements of the enforcement notice.
Regulations under subsection (3) may also provide for the charging on the land of any expenses recoverable by a local planning authority under subsection (1).
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.
In this section and in sections 179, 183 and 184 any reference to the compliance period, in relation to an enforcement notice, is a reference to the period specified in the notice for compliance with it or such extended period as the local planning authority may allow for compliance with it.
Where, at any time after the end of the period for compliance with an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is being carried on, the person who is then the owner of the land is in breach of the notice.
a copy of an enforcement notice has been served on the person who at the time when the copy was served was the owner of the land to which the notice relates, and
any steps required by the notice to be taken (other than the discontinuance of a use of land) have not been taken within the compliance period,
Where the owner of the land is in breach of an enforcement notice he shall be guilty of an offence.
on summary conviction, to a fine not exceeding the statutory maximum, or
on conviction on indictment, to a fine.
In proceedings against any person for an offence under subsection (2), it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.
duly lays information to that effect, and
gives the prosecution not less than three clear days' notice of his intention,
A person who has control of or an interest in the land to which an enforcement notice relates (other than the owner) must not carry on any activity which is required by the notice to cease or cause or permit such an activity to be carried on.
A person who, at any time after the end of the period for compliance with the notice, contravenes subsection (4) shall be guilty of an offence.
on summary conviction to a fine not exceeding £200 for each day following his first conviction on which any of the requirements of the notice (other than the discontinuance of the use of land) remain unfulfilled; or
on conviction on indictment, to a fine.
An offence under subsection (2) or (5) 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 the subsection in question by reference to any period of time following the preceding conviction for such an offence.
a use of land is required to be discontinued, or
any conditions or limitations are required to be complied with in respect of a use of land or in respect of the carrying out of operations on it,
Where— it shall be a defence for him to show that he was not aware of the existence of the notice.
a person charged with an offence under this section has not been served with a copy of the enforcement notice; and
the notice is not contained in the appropriate register kept under section 188,
A person guilty of an offence under this section shall be liable on summary conviction, or on conviction on indictment, to a fine.
on summary conviction, to a fine not exceeding £200 for each day on which the use is so continued, or
on conviction on indictment, to a fine.
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.
Where, after the service of— 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.
a copy of an enforcement notice; or
a breach of condition notice,
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.
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.
Compliance with an enforcement notice, whether in respect of— shall not discharge the notice.
the completion, removal or alteration of any buildings or works;
the discontinuance of any use of land; or
any other requirements contained in the notice,
Without prejudice to subsection (1), any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.
Without prejudice to subsection (1), if any development is carried out on land by way of reinstating or restoring buildings or works which have been removed or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were removed or altered; and, subject to subsection (4), the provisions of section 178(1) and (2) shall apply accordingly.
Where, at any time after an enforcement notice takes effect— the local planning authority shall, not less than 28 days before taking any such steps, serve on the owner and occupier of the land a notice of their intention to do so.
any development is carried out on land by way of reinstating or restoring buildings or works which have been removed or altered in compliance with the notice; and
the local planning authority propose, under section 178(1), to take any steps required by the enforcement notice for the removal or alteration of the buildings or works in consequence of the reinstatement or restoration,
Where without planning permission a person carries out any development on land by way of reinstating or restoring buildings or works which have been removed or altered in compliance with an enforcement notice—
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, and
no person shall be liable under section 179(2) for failure to take any steps required to be taken by an enforcement notice by way of removal or alteration of what has been so reinstated or restored.
If it appears to the Secretary of State to be expedient that an enforcement notice should be issued in respect of any land, he may issue such a notice.
The Secretary of State shall not issue such a notice without consulting the local planning authority.
An enforcement notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority.
In relation to an enforcement notice issued by the Secretary of State, sections 178 and 181 shall apply as if for any reference in those sections to the local planning authority there were substituted a reference to the Secretary of State.
Where the local planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.
have served a copy of an enforcement notice requiring a breach of planning control to be remedied; but
consider it expedient to prevent, before the expiry of the compliance period, the carrying out of any activity which is, or is included in, a matter alleged by the notice to constitute the breach,
In this section and sections 184 and 186 “relevant activity” means any activity specified in the enforcement notice as an activity which the local planning authority require to cease and any activity carried out as part of that activity or associated with that activity.
A stop notice may not be served where the enforcement notice has taken effect.
the use of any building as a dwellinghouse, or
the use of land as the site for a caravan occupied by any person as his only or main residence, or
the taking of any steps specified in the enforcement notice as required to be taken in order to remedy the breach of planning control.
A stop notice shall not prohibit the use of any building as a dwellinghouse.
A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.
A stop notice may be served by the local planning authority on any person who appears to them to have an interest in the land or to be engaged in any activity prohibited by the notice.
Subsection (5) does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.
The local planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by serving notice to that effect on persons served with the stop notice.
A stop notice must refer to the enforcement notice to which it relates and have a copy of that notice annexed to it.
A stop notice must specify the date on which it will take effect (and it cannot be contravened until that date).
That date—
must not be earlier than three days after the date when the notice is served, unless the local planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and
must not be later than twenty-eight days from the date when the notice is first served on any person.
A stop notice shall cease to have effect when—
the enforcement notice to which it relates is withdrawn or quashed; or
the period for compliance with the enforcement notice expires; or
notice of the withdrawal of the stop notice is first served under section 183(7).
A stop notice shall also cease to have effect if or to the extent that the activities prohibited by it cease, on a variation of the enforcement notice, to be relevant activities.
Where a stop notice has been served in respect of any land, the local planning authority may display there a notice (in this section and section 187 referred to as a “site notice”)—
stating that a stop notice has been served and that any person contravening it may be prosecuted for an offence under section 187,
giving the date when the stop notice takes effect, and
indicating its requirements.
If under section 183(7) the local planning authority withdraw a stop notice in respect of which a site notice was displayed, they must display a notice of the withdrawal in place of the site notice.
A stop notice shall not be invalid by reason that a copy of the enforcement notice to which it relates was not served as required by section 172if it is shown that the local planning authority took all such steps as were reasonably practicable to effect proper service.
If it appears to the Secretary of State to be expedient that a stop notice should be served in respect of any land, he may himself serve such a notice.
A notice served by the Secretary of State under subsection (1) shall have the same effect as if it had been served by the local planning authority.
The Secretary of State shall not serve such a notice without consulting the local planning authority.
Where a stop notice is served under section 183 compensation may be payable under this section in respect of a prohibition contained in the notice only if—
the enforcement notice is quashed on grounds other than those mentioned in paragraph (a) of section 174(2);
the enforcement notice is varied (otherwise than on the grounds mentioned in that paragraph) so that any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity;
the enforcement notice is withdrawn by the local planning authority otherwise than in consequence of the grant by them of planning permission for the development to which the notice relates . . . ; or
the stop notice is withdrawn.
A person who, when the stop notice is first served, has an interest in or occupies the land to which the notice relates shall be entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition contained in the notice or, in a case within subsection (1)(b), the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities.
A claim for compensation under this section shall be made to the local planning authority within the prescribed time and in the prescribed manner.
The loss or damage in respect of which compensation is payable under this section in respect of a prohibition shall include any sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition.
No compensation is payable under this section—
in respect of the prohibition in a stop notice of any activity which, at any time when the notice is in force, constitutes or contributes to a breach of planning control; or
in the case of a claimant who was required to provide information under section 171C or 330 or section 16 of the Local Government (Miscellaneous Provisions) Act 1976, in respect of any loss or damage suffered by him which could have been avoided if he had provided the information or had otherwise co-operated with the local planning authority when responding to the notice.
Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this Part shall be referred to and determined by the Upper Tribunal.
In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.
If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.
after a site notice has been displayed, or
if a site notice has not been displayed, more than two days after the stop notice has been served on him,
A person guilty of an offence under this section shall be liable on summary conviction, or on conviction on indictment, to a fine.
“ inland waters ” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and
on summary conviction to a fine not exceeding the statutory maximum, or
on conviction on indictment to a fine;
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.
References in this section to contravening a stop notice include causing or permitting its contravention.
In proceedings for an offence under this section it shall be a defence for the accused to prove—
that the stop notice was not served on him, and
that he did not know, and could not reasonably have been expected to know, of its existence.
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.
Where it appears to the local planning authority that there may have been a breach of planning control in respect of any land, they may serve notice to that effect (referred to in this Act as a “planning contravention notice”) on any person who—
is the owner or occupier of the land or has any other interest in it; or
is carrying out operations on the land or is using it for any purpose.
A planning contravention notice may require the person on whom it is served to give such information as to— as may be specified in the notice.
any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and
any matter relating to the conditions or limitations subject to which any planning permission in respect of the land has been granted,
Without prejudice to the generality of subsection (2), the notice may require the person on whom it is served, so far as he is able—
to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land;
to state when any use, operations or activities began;
to give the name and postal address of any person known to him to use or have used the land for any purpose or to be carrying out, or have carried out, any operations or activities on the land;
to give any information he holds as to any planning permission for any use or operations or any reason for planning permission not being required for any use or operations;
to state the nature of his interest (if any) in the land and the name and postal address of any other person known to him to have an interest in the land.
A planning contravention notice may give notice of a time and place at which— will be considered by the authority, and the authority shall give him an opportunity to make in person any such offer or representations at that time and place.
any offer which the person on whom the notice is served may wish to make to apply for planning permission, to refrain from carrying out any operations or activities or to undertake remedial works; and
any representations which he may wish to make about the notice,
A planning contravention notice must inform the person on whom it is served—
of the likely consequences of his failing to respond to the notice and, in particular, that enforcement action may be taken; and
of the effect of section 186(5)(b).
Any requirement of a planning contravention notice shall be complied with by giving information in writing to the local planning authority.
The service of a planning contravention notice does not affect any other power exercisable in respect of any breach of planning control.
In this section references to operations or activities on land include operations or activities in, under or over the land.
If, at any time after the end of the period of twenty-one days beginning with the day on which a planning contravention notice has been served on any person, he has not complied with any requirement of the notice, he shall be guilty of an offence.
An offence under subsection (1) 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 that subsection by reference to any period of time following the preceding conviction for such an offence.
It shall be a defence for a person charged with an offence under subsection (1) to prove that he had a reasonable excuse for failing to comply with the requirement.
A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If any person— he shall be guilty of an offence.
makes any statement purporting to comply with a requirement of a planning contravention notice which he knows to be false or misleading in a material particular; or
recklessly makes such a statement which is false or misleading in a material particular,
A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
This section applies if the local planning authority think—
that there has been a breach of planning control in relation to any land, and
that it is expedient that the activity (or any part of the activity) which amounts to the breach is stopped immediately.
The authority may issue a temporary stop notice.
The notice must be in writing and must—
specify the activity which the authority think amounts to the breach;
prohibit the carrying on of the activity (or of so much of the activity as is specified in the notice);
set out the authority’s reasons for issuing the notice.
A temporary stop notice may be served on any of the following—
the person who the authority think is carrying on the activity;
a person who the authority think is an occupier of the land;
a person who the authority think has an interest in the land.
The authority must display on the land—
a copy of the notice;
a statement of the effect of the notice and of section 171G.
A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (5).
A temporary stop notice ceases to have effect—
at the end of the relevant period starting on the day the copy notice is so displayed,
at the end of such shorter period starting on that day as is specified in the notice, or
if it is withdrawn by the local planning authority.
In subsection (7)(a), “relevant period” means—
in the case of a notice issued by a local planning authority in England, 56 days;
in the case of a notice issued by a local planning authority in Wales, 28 days.
A temporary stop notice does not prohibit—
the use of a building as a dwelling house;
the carrying out of an activity of such description or in such circumstances as is prescribed.
A temporary stop notice does not prohibit the carrying out of any activity which has been carried out (whether or not continuously) for a period of four years ending with the day on which the copy of the notice is first displayed as mentioned in section 171E(6).
Subsection (2) does not prevent a temporary stop notice prohibiting—
activity consisting of or incidental to building, engineering, mining or other operations, or
the deposit of refuse or waste materials.
For the purposes of subsection (2) any period during which the activity is authorised by planning permission must be ignored.
A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the local planning authority has first taken some other enforcement action in relation to the breach of planning control which is constituted by the activity.
In subsection (5) enforcement action includes obtaining the grant of an injunction under section 187B.
A person commits an offence if he contravenes a temporary stop notice—
which has been served on him, or
a copy of which has been displayed in accordance with section 171E(5).
Contravention of a temporary stop notice includes causing or permitting the contravention of the notice.
An offence under this section may be charged by reference to a day or a longer period of time.
A person may be convicted of more than one such offence in relation to the same temporary stop notice by reference to different days or periods of time.
A person does not commit an offence under this section if he proves—
that the temporary stop notice was not served on him, and
that he did not know, and could not reasonably have been expected to know, of its existence.
A person convicted of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.
In determining the amount of the fine the court must have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence.
This section applies if and only if a temporary stop notice is issued and at least one of the following paragraphs applies—
the activity which is specified in the notice is authorised by planning permission or by a development order, a local development order or a neighbourhood development order;
a certificate in respect of the activity is issued under section 191 or granted under that section by virtue of section 195;
the authority withdraws the notice.
Subsection (1)(a) does not apply if the planning permission is granted on or after the date on which a copy of the notice is first displayed as mentioned in section 171E(6).
Subsection (1)(c) does not apply if the notice is withdrawn following the grant of planning permission as mentioned in subsection (2).
A person who at the time the notice is served has an interest in the land to which the notice relates is entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition effected by the notice.
Subsections (3) to (7) of section 186 apply to compensation payable under this section as they apply to compensation payable under that section; and for that purpose references in those subsections to a stop notice must be taken to be references to a temporary stop notice.
Every district planning authority , every local planning authority for an area in Wales and the council of every metropolitan district or London borough shall keep, in such manner as may be prescribed by a development order, a register containing such information as may be so prescribed with respect— which relate to land in their area.
to planning enforcement orders,
to enforcement notices; . . .
to stop notices, and
to enforcement warning notices under section 172ZA (enforcement warning notice: England),
to enforcement warning notices under section 173ZA (enforcement warning notice: Wales),
to breach of condition notices
A development order may make provision—
for the entry relating to any planning enforcement order, enforcement notice, enforcement warning notice under section 172ZA or 173ZA, stop notice or breach of condition notice, and everything relating to any planning enforcement order or any such notice, to be removed from the register in such circumstances as may be specified in the development order; and
for requiring a county planning authority to supply to a district planning authority such information as may be so specified with regard to enforcement notices and enforcement warning notices under section 172ZA issued and stop notices and breach of condition notices served by , and planning enforcement orders made on applications made by, the county planning authority.
Every register kept under this section shall be available for inspection by the public at all reasonable hours.
In this section “planning enforcement order” means an order under section 171BA(1).
Any person who without planning permission— shall be guilty of an offence.
uses land, or causes or permits land to be used—
for any purpose for which an order under section 102 or paragraph 1 of Schedule 9 has required that its use shall be discontinued; or
in contravention of any condition imposed by such an order by virtue of subsection (1) of that section or, as the case may be, sub-paragraph (1) of that paragraph; or
resumes, or causes or permits to be resumed, development consisting of the winning and working of minerals or involving the depositing of mineral waste the the resumption of which an order under paragraph 3 of that Schedule has prohibited; or
contravenes, or causes or permits to be contravened, any such requirement as is specified in sub-paragraph (3) or (4) of that paragraph,
Any person who contravenes any requirement of an order under paragraph 5 or 6 of that Schedule or who causes or permits any requirement of such an order to be contravened shall be guilty of an offence.
Any person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to a fine.
It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable measures and exercised all due diligence to avoid commission of the offence by himself or by any person under his control.
If in any case the defence provided by subsection (4) involves an allegation that the commission of the offence was due to the act or default of another person or due to reliance on information supplied by another person, the person charged shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
This section applies where— has not been taken within the period specified in the order or within such extended period as the local planning authority or, as the case may be, the mineral planning authority may allow.
any step required by an order under section 102 or paragraph 1 of Schedule 9 to be taken for the alteration or removal of any buildings or works or any plant or machinery;
any step required by an order under paragraph 3 of that Schedule to be taken—
for the alteration or removal of plant or machinery; or
for the removal or alleviation of any injury to amenity; or
any step for the protection of the environment required to be taken by an order under paragraph 5 or 6 of that Schedule,
Where this section applies the local planning authority or, as the case may be, the mineral planning authority may enter the land and take the required step.
Where the local planning authority or, as the case may be, the mineral planning authority have exercised their power under subsection (2) they may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.
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Section 276 of the Public Health Act 1936 shall apply in relation to any works executed by an authority under subsection (2) as it applies in relation to works executed by a local authority under that Act.
it was begun before the beginning of 1964 without planning permission and has continued since the end of 1963;
If any person wishes to ascertain whether— he may make an application for the purpose to the local planning authority specifying the land and describing the use, operations or other matter.
any existing use of buildings or other land is lawful;
any operations which have been carried out in, on, over or under land are lawful; or
any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful,
For the purposes of this Act uses and operations are lawful at any time if—
no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and
they do not constitute a contravention of any of the requirements of any enforcement notice then in force.
it was begun before the beginning of 1964 under a planning permission granted subject to conditions or limitations, which either have never been complied with or have not been complied with since the end of 1963; or
it was begun after the end of 1963 as the result of a change of use not requiring planning permission and there has been, since the end of 1963, no change of use requiring planning permission.
For the purposes of this Act any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful at any time if—
the time for taking enforcement action in respect of the failure has then expired; and
it does not constitute a contravention of any of the requirements of any enforcement notice or breach of condition notice then in force.
In determining for the purposes of this section whether the time for taking enforcement action in respect of a matter has expired, that time is to be taken not to have expired if—
the time for applying for an order under section 171BA(1) (a “planning enforcement order”) in relation to the matter has not expired,
an application has been made for a planning enforcement order in relation to the matter and the application has neither been decided nor been withdrawn, or
a planning enforcement order has been made in relation to the matter, the order has not been rescinded and the enforcement year for the order (whether or not it has begun) has not expired.
If, on an application under this section, the local planning authority are provided with information satisfying them of the lawfulness at the time of the application of the use, operations or other matter described in the application, or that description as modified by the local planning authority or a description substituted by them, they shall issue a certificate to that effect; and in any other case they shall refuse the application.
A certificate under this section shall—
specify the land to which it relates;
describe the use, operations or other matter in question (in the case of any use falling within one of the classes specified in an order under section 55(2)(f), identifying it by reference to that class);
give the reasons for determining the use, operations or other matter to be lawful; and
specify the date of the application for the certificate.
The lawfulness of any use, operations or other matter for which a certificate is in force under this section shall be conclusively presumed.
A certificate under this section in respect of any use shall also have effect, for the purposes of the following enactments, as if it were a grant of planning permission—
section 3(3) of the Caravan Sites and Control of Development Act 1960 or section 7(1) of the Mobile Homes (Wales) Act 2013;
section 5(2) of the Control of Pollution Act 1974; and
section 36(2)(a) of the Environmental Protection Act 1990.
If any person wishes to ascertain whether— would be lawful, he may make an application for the purpose to the local planning authority specifying the land and describing the use or operations in question.
any proposed use of buildings or other land; or
any operations proposed to be carried out in, on, over or under land,
If, on an application under this section, the local planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application, they shall issue a certificate to that effect; and in any other case they shall refuse the application.
A certificate under this section shall—
specify the land to which it relates;
describe the use or operations in question (in the case of any use falling within one of the classes specified in an order under section 55(2)(f), identifying it by reference to that class);
give the reasons for determining the use or operations to be lawful; and
specify the date of the application for the certificate.
The lawfulness of any use or operations for which a certificate is in force under this section shall be conclusively presumed unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.
The Secretary of State may give directions requiring applications for established use certificates to be referred to him instead of being dealt with by local planning authorities.
In section 69 references to applications for planning permission shall include references to applications for established use certificates.
An application for a certificate under section 191 or 192 shall be made in such manner as may be prescribed by a development order and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given under such an order or by the local planning authority.
Provision may be made by a development order for regulating the manner in which applications for certificates under those sections are to be dealt with by local planning authorities.
In particular, such an order may provide for requiring the authority—
to give to any applicant within such time as may be prescribed by the order such notice as may be so prescribed as to the manner in which his application has been dealt with; and
to give to the Secretary of State and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.
A certificate under either of those sections may be issued— and shall be in such form as may be prescribed by a development order.
for the whole or part of the land specified in the application; and
where the application specifies two or more uses, operations or other matters, for all of them or some one or more of them;
A certificate under section 191 or 192 shall not affect any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted unless that matter is described in the certificate.
In section 69 references to applications for planning permission shall include references to applications for certificates under section 191 or 192.
knowingly or recklessly makes a statement which is false in a material particular; or
with intent to deceive, produces, furnishes, sends or otherwise makes use of any document which is false in a material particular; or
with intent to deceive, withholds any material information,
A local planning authority may revoke a certificate under either of those sections if, on the application for the certificate—
a statement was made or document used which was false in a material particular; or
any material information was withheld.
Provision may be made by a development order for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.
If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for the issue of a certificate under section 191 or 192— he shall be guilty of an offence.
knowingly or recklessly makes a statement which is false or misleading in a material particular;
with intent to deceive, uses any document which is false or misleading in a material particular; or
with intent to deceive, withholds any material information,
A person guilty of an offence under subsection (1) 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.
Notwithstanding section 127 of the Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under subsection (1) whenever laid.
the land to which the certificate relates and any use of it which is certified by the certificate as established;
by reference to the paragraphs of section 191, the grounds on which that use is so certified; and
the date on which the application for the certificate was made.
The date mentioned in subsection (3)(c) shall be the date at which the use is certified as established.
Provision may be made by a development order for regulating the manner in which applications for established use certificates are to be dealt with by local planning authorities.
Such an order may in particular provide for requiring the authority—
to give to any applicant within such time as may be prescribed by the order such notice as may be so prescribed as to the manner in which his application has been dealt with;
to give to the Secretary of State and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.
Where an application is made to a local planning authority for a certificate under section 191 or 192 and— the applicant may by notice appeal to the Secretary of State.
the application is refused or is refused in part, or
the authority do not give notice to the applicant of their decision on the application within such period as may be prescribed by a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority,
On any such appeal, if and so far as the Secretary of State is satisfied— he shall grant the appellant a certificate under section 191 or, as the case may be, 192 accordingly or, in the case of a refusal in part, modify the certificate granted by the authority on the application.
in the case of an appeal under subsection (1)(a), that the authority’s refusal is not well-founded, or
in the case of an appeal under subsection (1)(b), that if the authority had refused the application their refusal would not have been well-founded,
A notice of appeal under this section must be—
served within such time and in such manner as may be prescribed by a development order;
accompanied by such information as may be prescribed by such an order.
The time prescribed for the service of a notice of appeal under this section must not be less than—
28 days from the date of notification of the decision on the application; or
in the case of an appeal under subsection (1)(b), 28 days from—
the end of the period prescribed as mentioned in subsection (1)(b), or
as the case may be, the extended period mentioned in subsection (1)(b).
If and so far as the Secretary of State is satisfied that the authority’s refusal is or, as the case may be, would have been well-founded, he shall dismiss the appeal.
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.
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Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.
For the purposes of the application in relation to England of section 288(10)(b) sections 196(1A), 288(10)(b) and 319A(7)(d) in relation to an appeal in a case within subsection (1)(b) it shall be assumed that the authority decided to refuse the application in question.
Schedule 6 applies to appeals under this section.
A development order which makes provision under subsection (1DA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.
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Where the local planning authority referred to in subsection (1) is in England, if at any time before or during the determination of an appeal under subsection (1)(a) or (b) it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, the Secretary of State may—
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 so specified for the expedition of the appeal, and
if the appellant fails to take those steps within that period, dismiss the appeal accordingly.
For the purposes of the application in relation to Wales of sections 288(10)(b) and 319B(7)(d) in relation to an appeal in a case within subsection (1)(b) it shall be assumed that the authority decided to refuse the application in question.
Before determining . . . an appeal to him under section 195(1), the Secretary of State shall, if either the appellant or the local 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.
Where the Secretary of State grants a certificate under section 191 or 192 on such a reference or an appeal under section 195(1), he shall give notice to the local planning authority of that fact.
Subsection (1) does not apply to an appeal against a decision of a local planning authority in England.
Subsection (1) does not apply to an appeal to the Welsh Ministers.
The decision of the Secretary of State on such . . . appeal shall be final.
The information which may be prescribed as being required to be contained in a register kept under section 69 shall include information with respect to certificates under section 191 or 192 granted by the Secretary of State.
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Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings in England before the Secretary of State on an appeal under section 195 as if those proceedings were an inquiry held by the Secretary of State under section 250.
This section applies where planning permission for carrying out any development of land has been granted subject to conditions.
The local planning authority may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a “breach of condition notice”) on— requiring him to secure compliance with such of the conditions as are specified in the notice.
any person who is carrying out or has carried out the development; or
any person having control of the land,
References in this section to the person responsible are to the person on whom the breach of condition notice has been served.
The conditions which may be specified in a notice served by virtue of subsection (2)(b) are any of the conditions regulating the use of the land.
A breach of condition notice shall specify the steps which the authority consider ought to be taken, or the activities which the authority consider ought to cease, to secure compliance with the conditions specified in the notice.
The authority may by notice served on the person responsible withdraw the breach of condition notice, but its withdrawal shall not affect the power to serve on him a further breach of condition notice in respect of the conditions specified in the earlier notice or any other conditions.
The period allowed for compliance with the notice is—
such period of not less than twenty-eight days beginning with the date of service of the notice as may be specified in the notice; or
that period as extended by a further notice served by the local planning authority on the person responsible.
If, at any time after the end of the period allowed for compliance with the notice— the person responsible is in breach of the notice.
any of the conditions specified in the notice is not complied with; and
the steps specified in the notice have not been taken or, as the case may be, the activities specified in the notice have not ceased,
If the person responsible is in breach of the notice he shall be guilty of an offence.
An offence under subsection (9) 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 that subsection by reference to any period of time following the preceding conviction for such an offence.
It shall be a defence for a person charged with an offence under subsection (9) to prove—
that he took all reasonable measures to secure compliance with the conditions specified in the notice; or
where the notice was served on him by virtue of subsection (2)(b), that he no longer had control of the land.
A person who is guilty of an offence under subsection (9) shall be liable on summary conviction—
to a fine, if the land is in England, or
to a fine not exceeding level 3 on the standard scale, if the land is in Wales.
In this section—
“conditions” includes limitations; and
references to carrying out any development include causing or permitting another to do so.
Where a local planning authority consider it necessary or expedient for any actual or apprehended breach of planning 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 Part.
On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the breach.
Rules of court may provide for such an injunction to be issued against a person whose identity is unknown.
In this section “the court” means the High Court or the county court.
Any person duly authorised in writing by a local planning authority may at any reasonable hour enter any land— if there are reasonable grounds for entering for the purpose in question.
to ascertain whether there is or has been any breach of planning control on the land or any other land;
to determine whether any of the powers conferred on a local planning authority by this Part should be exercised in relation to the land or any other land;
to determine how any such power should be exercised in relation to the land or any other land;
to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to the land or any other land,
Any person duly authorised in writing by the Secretary of State may at any reasonable hour enter any land to determine whether an enforcement notice should be issued in relation to the land or any other land, if there are reasonable grounds for entering for that purpose.
The Secretary of State shall not so authorise any person without consulting the local planning authority.
Admission to any building used as a dwellinghouse shall not be demanded as of right by virtue of subsection (1) or (2) unless twenty-four hours’ notice of the intended entry has been given to the occupier of the building.
If it is shown to the satisfaction of a justice of the peace on sworn information in writing— the justice may issue a warrant authorising any person duly authorised in writing by a local planning authority or, as the case may be, the Secretary of State to enter the land.
that there are reasonable grounds for entering any land for any of the purposes mentioned in section 196A(1) or (2); and
that—
admission to the land has been refused, or a refusal is reasonably apprehended; or
the case is one of urgency,
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.
A warrant authorises entry on one occasion only and that entry must be—
within one month from the date of the issue of the warrant; and
at a reasonable hour, unless the case is one of urgency.
A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 196A or 196B (referred to in this section as “a right of entry”)—
shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
may take with him such other persons as may be necessary; and
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.
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.
If any damage is caused to land or chattels in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.
The provisions of section 118 shall apply in relation to compensation under subsection (3) as they apply in relation to compensation under Part IV.
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.
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.
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.
In sections 196A and 196B and this section references to a local planning authority include, in relation to a building situated in Greater London, a reference to the Historic Buildings and Monuments Commission for England.
It is an offence for a person to carry out or cause or permit to be carried out relevant demolition without the required planning permission.
It is also an offence for a person to fail to comply with any condition or limitation subject to which planning permission for relevant demolition is granted.
In this section “relevant demolition” means the demolition of a building that—
is situated in a conservation area in England; and
is not a building to which section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 does not apply by virtue of section 75 of that Act (listed buildings, certain ecclesiastical buildings, scheduled monuments and buildings described in a direction of the Secretary of State under that section).
It is a defence for a person accused of an offence under this section to prove the following matters—
that the relevant demolition was urgently necessary in the interests of safety or health;
that it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter;
that the relevant demolition was the minimum measure necessary; and
that notice in writing of the relevant demolition was given to the local planning authority as soon as reasonably practicable.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.
In relation to an offence committed before 2 May 2022, subsection (5)(a) has effect as if the reference to the general limit in a magistrates’ court were to 6 months.
In relation to an offence committed before the coming into force of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, subsection (5)(a) has effect as if the reference to a fine were a reference to a fine not exceeding £20,000.
In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to that person in consequence of the offence.
Where, after a person commits an offence under this section, planning permission is granted for any development carried out before the grant of the permission, that grant does not affect the person's liability for the offence.
The Secretary of State may by regulations provide that a local planning authority in England may not take, or is subject to specified restrictions in how it may take, relevant enforcement measures in relation to any actual or apparent failure to comply with a relevant planning condition.
The Secretary of State may make regulations under subsection (1) only if the Secretary of State considers that it is appropriate to make the regulations for the purposes of national defence or preventing or responding to civil emergency or significant disruption to the economy of the United Kingdom or any part of the United Kingdom.
The power in subsection (1) may only be exercised in respect of an actual or apparent failure which occurs during a specified period of not more than one year (the “relief period”) or which is apprehended during the relief period to so occur (but see subsections (7) and (8)).
A “relevant enforcement measure” is anything which may be done by a local planning authority in England for the purposes of investigating, preventing, remedying or penalising an actual or apparent failure to comply with a relevant planning condition.
A relevant enforcement measure includes, in particular—
the exercise of a power under—
section 171BA (power to apply for planning enforcement order);
section 187B (power to apply to court for injunction);
section 196A (power to enter without a warrant);
section 196B (power to apply for, and enter under, warrant);
the issue of—
a planning contravention notice under section 171C,
a temporary stop notice under section 171E,
an enforcement notice under section 172,
an enforcement warning notice under section 172ZA,
a stop notice under section 183, or
a breach of condition notice under section 187A.
A “relevant planning condition” is a condition or limitation subject to which planning permission for development of land in England is granted, but does not include a condition under—
section 90A and Schedule 7A (condition relating to biodiversity gain);
section 90B (condition relating to development progress reports);
section 91 (condition limiting duration of planning permission);
section 92 (conditions for outline planning permission).
Regulations under subsection (1) may make provision as to the treatment of an actual or apparent failure to comply with a relevant planning condition, which—
starts before, but continues after, the start of the relief period, or
starts during, but continues after, that period.
Regulations under subsection (1) may provide that an actual or apparent failure to comply with a relevant planning condition is not to be treated as occurring during the relief period, if the failure—
occurs wholly during the period, and
is not remedied by a specified time after the period.
Regulations under subsection (1) may make provision that, where anything relating to the taking of a relevant enforcement measure is to be or may be done by a time during the relief period, it is to be or may be instead done by a specified time after that period.
Regulations under subsection (1) may—
apply in relation to all, or only specified, local planning authorities in England;
apply in relation to all, or only specified, relevant planning conditions;
apply in relation to all, or only specified, relevant enforcement measures;
prevent the taking of relevant enforcement measures indefinitely or only for a specified period of time.
In this section, “specified” means specified or described in regulations under subsection (1).
It shall be the duty of the local planning authority— Nothing in this section applies in relation to neighbourhood development orders.
to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees; and
to make such orders under section 198 as appear to the authority to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwise.
If it appears to a local planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area, they may for that purpose make an order with respect to such trees, groups of trees or woodlands as may be specified in the order.
An order under subsection (1) is in this Act referred to as a “tree preservation order”.
A tree preservation order may, in particular, make provision—
for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees except with the consent of the local planning authority, and for enabling that authority to give their consent subject to conditions;
for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the order;
for applying, in relation to any consent under the order, and to applications for such consent, any of the provisions of this Act mentioned in subsection (4), subject to such adaptations and modifications as may be specified in the order.
The provisions referred to in subsection (3)(c) are—
the provisions of Part III relating to planning permission and to applications for planning permission, except sections 56, 62, 65 . . ., 69(3) and (4), 71, . . ., 91 to 96, 100 and 101 and Schedule 8; and
sections 137 to 141, 143 and 144 (except so far as they relate to purchase notices served in consequence of such orders as are mentioned in section 137(1)(b) or (c));
section 316.
A tree preservation order may be made so as to apply, in relation to trees to be planted pursuant to any such conditions as are mentioned in section 197(a), as from the time when those trees are planted.
Without prejudice to any other exemptions for which provision may be made by a tree preservation order, no such order shall apply—
to the cutting down, uprooting, topping or lopping of trees which are dying or dead or have become dangerous, or
to the cutting down, uprooting, topping or lopping of any trees in compliance with any obligations imposed by or under an Act of Parliament or so far as may be necessary for the prevention or abatement of a nuisance.
This section Tree preservation regulations shall have effect subject to—
section 39(2) of the Housing and Planning Act 1986 (saving for effect of section 2(4) of the Opencast Coal Act 1958 on land affected by a tree preservation order despite its repeal); and
section 15 of the Forestry Act 1967 (licences under that Act to fell trees comprised in a tree preservation order).
In relation to an application for consent under a tree preservation order the appropriate authority may by regulations make provision as to—
the form and manner in which the application must be made;
particulars of such matters as are to be included in the application;
the documents or other materials as are to accompany the application.
The appropriate authority is— and in the case of regulations made by the National Assembly for Wales section 333(3) must be ignored.
the Secretary of State in relation to England;
the National Assembly for Wales in relation to Wales,
A tree preservation order shall not take effect until it is confirmed by the local planning authority and the local planning authority may confirm any such order either without modification or subject to such modifications as they consider expedient.
Provision may be made by regulations under this Act with respect—
to the form of tree preservation orders, and
to the procedure to be followed in connection with the making and confirmation of such orders.
Without prejudice to the generality of subsection (2), the regulations may make provision—
that, before a tree preservation order is confirmed by the local planning authority, notice of the making of the order shall be given to the owners and occupiers of land affected by the order and to such other persons, if any, as may be specified in the regulations;
that objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered before the order is confirmed by the local planning authority; and
that copies of the order, when confirmed by the authority, shall be served on such persons as may be specified in the regulations.
A tree preservation order does not Tree preservation regulations do not have effect in respect of anything done—
by or on behalf of the Forestry Commissioners or the Natural Resources Body for Wales on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision;
by or on behalf of any other person in accordance with a relevant plan which is for the time being in force.
A relevant plan is a plan of operations or other working plan approved by the Forestry Commissioners or the Natural Resources Body for Wales under—
a forestry dedication covenant within the meaning of section 5 of the Forestry Act 1967, or
conditions of a grant or loan made by the Forestry Commissioners under section 1 of the Forestry Act 1979 or made by the Natural Resources Body for Wales under article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903) for or in connection with the use or management of land for forestry purposes.
A reference to a provision of the Forestry Act 1967 or the Forestry Act 1979 includes a reference to a corresponding provision replaced by that provision or any earlier corresponding provision.
In this section—
“a forestry dedication covenant” means a covenant entered into with the Commissioners under section 5 of the Forestry Act 1967; and
references to provisions of the Forestry Act 1967 and the Forestry Act 1979 include references to any corresponding provisions replaced by those provisions or by earlier corresponding provisions.
If it appears to a local planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation, they may include in the order as made by them a direction that this section shall apply to the order.
Notwithstanding section 199(1), an order which contains such a direction—
shall take effect provisionally on such date as may be specified in it, and
shall continue in force by virtue of this section until— whichever first occurs.
the expiration of a period of six months beginning with the date on which the order was made; or
the date on which the order is confirmed,
If it appears to the Secretary of State, after consultation with the local planning authority, to be expedient that a tree preservation order or an order amending or revoking such an order should be made, he may himself make such an order.
Any order so made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by them under this Chapter. , once it has taken effect in accordance with tree preservation regulations, have the same effect as if it had been made by the local planning authority under section 198(1).
The provisions of this Chapter and of any regulations made under it with respect to the procedure to be followed in connection with the making and confirmation of any order to which subsection (1) applies and the service of copies of it as confirmed shall have effect, subject to any necessary modifications—
in relation to any proposal by the Secretary of State to make such an order,
in relation to the making of it by the Secretary of State, and
in relation to the service of copies of it as so made.
The appropriate national authority may by regulations make provision in connection with tree preservation orders.
Sections 202B to 202G make further provision about what may, in particular, be contained in regulations under subsection (1).
In this section and those sections “tree preservation order” includes an order under section 202(1).
In this Act “tree preservation regulations” means regulations under subsection (1).
In subsection (1) “the appropriate national authority”—
in relation to England means the Secretary of State, and
in relation to Wales means the Welsh Ministers.
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Tree preservation regulations may make provision about—
the form of tree preservation orders;
the procedure to be followed in connection with the making of tree preservation orders;
when a tree preservation order takes effect.
If tree preservation regulations make provision for tree preservation orders not to take effect until confirmed, tree preservation regulations may—
make provision for tree preservation orders to take effect provisionally until confirmed;
make provision about who is to confirm a tree preservation order;
make provision about the procedure to be followed in connection with confirmation of tree preservation orders.
Tree preservation regulations may make provision for prohibiting all or any of the following—
cutting down of trees;
topping of trees;
lopping of trees;
uprooting of trees;
wilful damage of trees;
wilful destruction of trees.
A prohibition imposed on a person may (in particular) relate to things whose doing the person causes or permits (as well as to things the person does).
A prohibition may be imposed subject to exceptions.
In particular, provision may be made for a prohibition not to apply to things done with consent.
In this section “tree” means a tree in respect of which a tree preservation order is in force.
This section applies if tree preservation regulations make provision under section 202C(4).
Tree preservation regulations may make provision—
about who may give consent;
for the giving of consent subject to conditions;
about the procedure to be followed in connection with obtaining consent.
The conditions for which provision may be made under subsection (2)(b) include—
conditions as to planting of trees;
conditions requiring approvals to be obtained from the person giving the consent;
conditions limiting the duration of the consent.
The conditions mentioned in subsection (3)(a) include—
conditions requiring trees to be planted;
conditions about the planting of any trees required to be planted by conditions within paragraph (a), including conditions about how, where or when planting is to be done;
conditions requiring things to be done, or installed, for the protection of any trees planted in pursuance of conditions within paragraph (a).
In relation to any tree planted in pursuance of a condition within subsection (4)(a), tree preservation regulations may make provision —
for the tree preservation order concerned to apply to the tree;
authorising the person imposing the condition to specify that the tree preservation order concerned is not to apply to the tree.
“The tree preservation order concerned” is the order in force in relation to the tree in respect of which consent is given under tree preservation regulations.
The provision that may be made under subsection (2)(c) includes provision about applications for consent, including provision as to—
the form or manner in which an application is to be made;
what is to be in, or is to accompany, an application.
Tree preservation regulations may make provision for appeals—
against refusal of consent;
where there is a failure to decide an application for consent;
against conditions subject to which consent is given;
against refusal of an approval required by a condition;
where there is a failure to decide an application for such an approval.
Tree preservation regulations may make provision in connection with appeals under provision made under subsection (8), including—
provision imposing time limits;
provision for further appeals;
provision in connection with the procedure to be followed on an appeal (or further appeal);
provision about who is to decide an appeal (or further appeal);
provision imposing duties, or conferring powers, on a person deciding an appeal (or further appeal).
Tree preservation regulations may make provision for the payment of compensation—
where any consent required under tree preservation regulations is refused;
where any such consent is given subject to conditions;
where any approval required under such a condition is refused.
Tree preservation regulations may provide for entitlement conferred under subsection (1) to apply only in, or to apply except in, cases specified in tree preservation regulations.
Tree preservation regulations may provide for entitlement conferred by provision under subsection (1) to be subject to conditions, including conditions as to time limits.
Tree preservation regulations may, in relation to compensation under provision under subsection (1), make provision about—
who is to pay the compensation;
who is entitled to the compensation;
what the compensation is to be paid in respect of;
the amount, or calculation of, the compensation.
Tree preservation regulations may make provision about the procedure to be followed in connection with claiming any entitlement conferred by provision under subsection (1).
Tree preservation regulations may make provision for the determination of disputes about entitlement conferred by provision under subsection (1), including provision for and in connection with the referral of any such disputes to, and their determination by, the First-tier Tribunal or the Upper Tribunal.
Tree preservation regulations may make provision for the keeping of, and public access to, registers containing information related to tree preservation orders.
Tree preservation regulations may provide for the application (with or without modifications) of, or make provision comparable to, any provision of this Act mentioned in subsection (2).
The provisions are any provision of Part 3 relating to planning permission or applications for planning permission, except sections 56, 62, 65, 69(3) and (4), 71, 91 to 96, 100 and 101 and Schedule 8.
Tree preservation regulations may make provision comparable to—
any provision made by the Town and Country Planning (Tree Preservation Order) Regulations 1969 or the Town and Country Planning (Trees) Regulations 1999;
any provision that could have been made under section 199(2) and (3).
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A tree preservation order may make provision for the payment by the local planning authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence—
of the refusal of any consent required under the order, or
of the grant of any such consent subject to conditions.
This section applies where—
in pursuance of provision made by a tree preservation order, a direction is given by the local planning authority or the Secretary of State for securing the replanting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order; and
the Natural Resources Body for Wales decide not to make any grant or loan under article 10B of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903) in respect of the replanting by reason that the direction frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry.
Where this section applies, the local planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the direction.
The Natural Resources Body for Wales shall, at the request of the person under a duty to comply with such a direction as is mentioned in subsection (1)(a), give a certificate stating—
whether they have decided not to make such a grant or loan as is mentioned in subsection (1)(b), and
if so, the grounds for their decision.
A claim for compensation under this section must be served on the local planning authority— but subject in either case to such extension of that period as the local planning authority may allow.
within 12 months from the date on which the direction was given, or
where an appeal has been made to the Secretary of State against the decision of the local planning authority, within 12 months from the date of the decision of the Secretary of State on the appeal,
Except in so far as may be otherwise provided by any tree preservation order or any regulations made under this Act, any question of disputed compensation under section 203 or 204 shall be referred to and determined by the Upper Tribunal.
In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.
If any tree in respect of which a tree preservation order is for the time being in force— it shall be the duty of the owner of the land to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.
is removed, uprooted or destroyed in contravention of the order tree preservation regulations, or
except in the case of a tree to which the order applies as part of a woodland, is removed, uprooted or destroyed or dies at a time when its cutting down or uprooting is authorised only by virtue of section 198(6)(a), at a prescribed time,
The duty imposed by subsection (1) does not apply to an owner if on application by him the local planning authority dispense with it.
In respect of trees in a woodland it shall be sufficient for the purposes of this section to replace the trees removed, uprooted or destroyed by planting the same number of trees— and in such places as may be designated by the local planning authority.
on or near the land on which the trees removed, uprooted or destroyed stood, or
on such other land as may be agreed between the local planning authority and the owner of the land,
In relation to any tree planted pursuant to this section, the relevant tree preservation order shall apply as it applied to the original tree.
The duty imposed by subsection (1) on the owner of any land shall attach to the person who is from time to time the owner of the land.
If it appears to the local planning authority that— are not complied with in the case of any tree or trees, that authority may serve on the owner of the land a notice requiring him, within such period as may be specified in the notice, to plant a tree or trees of such size and species as may be so specified.
the provisions of section 206, or
any conditions of a consent given under a tree preservation order tree preservation regulations which require the replacement of trees,
A notice under subsection (1) may only be served within four years from the date of the alleged failure to comply with those provisions or conditions.
A notice under subsection (1) shall specify a period at the end of which it is to take effect.
The specified period shall be a period of not less than twenty-eight days beginning with the date of service of the notice.
The duty imposed by section 206(1) may only be enforced as provided by this section and not otherwise.
A person on whom a notice under section 207(1) is served may appeal to the Secretary of State against the notice on any of the following grounds—
that the provisions of section 206 or, as the case may be, the conditions mentioned in section 207(1)(b) are not applicable or have been complied with;
that the requirements of the notice are unreasonable in respect of the period or the size or species of trees specified in it;
that in all the circumstances of the case the duty imposed by section 206(1) should be dispensed with in relation to any tree;
that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;
that the place on which the tree is or trees are required to be planted is unsuitable for that purpose.
An appeal under subsection (1) shall be made either—
by giving written notice of the appeal to the Secretary of State before the end of the period specified in accordance with section 207(3); or
by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before the end of that period.
Such an appeal shall be made by notice in writing to the Secretary of State.
The notice shall—
indicate the grounds of the appeal,
state the facts on which the appeal is based, and
be accompanied by such information as may be prescribed.
The power to make regulations under subsection (4)(c) is exercisable by—
the Secretary of State, in relation to England;
the Welsh Ministers, in relation to Wales.
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On an appeal under subsection (1) the Secretary of State shall, if either the appellant or the local planning authority so desire, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
Where an appeal is brought under subsection (1), the notice under section 207(1) shall be of no effect pending the final determination or the withdrawal of the appeal.
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On such an appeal the Secretary of State may— if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.
correct any defect, error or misdescription in the notice; or
vary any of its requirements,
Where the Secretary of State determines to allow the appeal, he may quash the notice.
correct any informality, defect or error in the notice under section 207(1), or
give directions varying the terms,
Subsection (5) does not apply to an appeal to the Welsh Ministers.
Schedule 6 applies to appeals under this section.
Where any person has appealed to the Secretary of State under this section against a notice, neither that person nor any other shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.
The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.
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If, within the period specified in a notice under section 207(1) for compliance with it, or within such extended period as the local planning authority may allow, any trees which are required to be planted by a notice under that section have not been planted, the local planning authority may—
enter the land and plant those trees, and
recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.
Where such a notice has been served— shall be deemed to be incurred or paid for the use and at the request of any person, other than the owner, responsible for the cutting down, destruction or removal of the original tree or trees.
any expenses incurred by the owner of any land for the purpose of complying with the notice, and
any sums paid by the owner of any land under subsection (1) in respect of expenses incurred by the local planning authority in planting trees required by such a notice to be planted,
Regulations made under this Act may provide that— shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a notice under section 207(1).
section 276 of the Public Health Act 1936 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);
section 289 of that Act (power to require the occupier of any premises to permit works to be executed by the owner of the premises); or
section 294 of that Act (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act),
Regulations under subsection (3) applying section 289 of the Public Health Act 1936 may include adaptations and modifications for the purpose of giving the owner of land to which such a notice relates the right, as against all other persons interested in the land, to comply with the requirements of the notice.
Regulations under subsection (3) may also provide for the charging on the land of any expenses recoverable by a local authority or National Park authority under subsection (1).
Any person who wilfully obstructs a person acting in the exercise of the power under subsection (1)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If any person, in contravention of a tree preservation order tree preservation regulations — he shall be guilty of an offence.
cuts down, uproots or wilfully destroys a tree, or
wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, or
causes or permits the carrying out of any of the activities in paragraph (a) or (b),
A person guilty of an offence under subsection (1) shall be liable on summary conviction, or on conviction on indictment, to a fine.
on summary conviction to a fine not exceeding the statutory maximum or twice the sum which appears to the court to be the value of the tree, whichever is the greater; or
on conviction on indictment, to a fine.
In determining the amount of any fine to be imposed on a person convicted . . . of an offence under subsection (1), 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.
If any person contravenes the provisions of a tree preservation order tree preservation regulations otherwise than as mentioned in subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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Proceedings for an offence under subsection (4) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge.
Subsection (4A) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.
For the purposes of subsection (4A), a certificate— is conclusive evidence of that fact.
signed by or on behalf of the prosecutor, and
stating the date on which evidence sufficient in the prosecutor's opinion to justify the proceedings came to the prosecutor's knowledge,
A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.
Subsection (4A) does not apply in relation to an offence in respect of a tree in Wales.
Subject to the provisions of this section and section 212, any person who, in relation to a tree to which this section applies, does any act which might by virtue of section 198(3)(a) be prohibited by a tree preservation order which might by virtue of section 202C be prohibited by tree preservation regulations shall be guilty of an offence.
Subject to section 212, this section applies to any tree in a conservation area in respect of which no tree preservation order is for the time being in force.
Subsection (1) does not apply so far as the act in question is authorised by an order granting development consent or by infrastructure consent order.
It shall be a defence for a person charged with an offence under subsection (1) to prove—
that he served notice of his intention to do the act in question (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is or was situated; and
that he did the act in question—
with the consent of the local planning authority in whose area the tree is or was situated, or
after the expiry of the period of six weeks from the date of the notice but before the expiry of the period of two years from that date.
Section 210 shall apply to an offence under this section as it applies to a contravention of a tree preservation order tree preservation regulations .
An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless—
the first condition is satisfied, and
either the second or third condition is satisfied.
Subsection (5) does not apply so far as the act in question is authorised by an order granting development consent or by infrastructure consent order.
The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the local planning authority in whose area the tree is situated.
The second condition is that the act is done with the consent of the authority.
The third condition is that the act is done—
after the end of the period of six weeks starting with the date of the notice, and
before the end of the period of two years starting with that date.
The Secretary of State may by regulations direct that section 211 shall not apply in such cases as may be specified in the regulations.
Without prejudice to the generality of subsection (1), the regulations may be framed so as to exempt from the application of that section cases defined by reference to all or any of the following matters—
acts of such descriptions or done in such circumstances or subject to such conditions as may be specified in the regulations;
trees in such conservation areas as may be so specified;
trees of a size or species so specified; or
trees belonging to persons or bodies of a description so specified.
The regulations may, in relation to any matter by reference to which an exemption is conferred by them, make different provision for different circumstances.
Regulations under subsection (1) may in particular, but without prejudice to the generality of that subsection, exempt from the application of section 211 cases exempted from section 198 by subsection (6) of that section.
If any tree to which section 211 applies— it shall be the duty of the owner of the land to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.
is removed, uprooted or destroyed in contravention of that section; or
is removed, uprooted or destroyed or dies at a time when its cutting down or uprooting is authorised only by virtue of the provisions of such regulations under subsection (1) of section 212 as are mentioned in subsection (4) of that section, at a prescribed time,
The duty imposed by subsection (1) does not apply to an owner if on application by him the local planning authority dispense with it.
The duty imposed by subsection (1) on the owner of any land attaches to the person who is from time to time the owner of the land and may be enforced as provided by section 207 and not otherwise.
It shall be the duty of a local planning authority to compile and keep available for public inspection free of charge at all reasonable hours and at a convenient place a register containing such particulars as the Secretary of State may determine of notices under section 211 affecting trees in their area.
If it appears to the local planning authority that the amenity of a part of their area, or of an adjoining area, is adversely affected by the condition of land in their area, they may serve on the owner and occupier of the land a notice under this section.
The notice shall require such steps for remedying the condition of the land as may be specified in the notice to be taken within such period as may be so specified.
Subject to the following provisions of this Chapter, the notice shall take effect at the end of such period as may be specified in the notice.
That period shall not be less than 28 days after the service of the notice.
The provisions of this section shall have effect where a notice has been served under section 215.
If any owner or occupier of the land on whom the notice was served fails to take steps required by the notice within the period specified in it for compliance with it, he shall be guilty of an offence and liable on summary conviction—
to a fine, if the land is England, or
to a fine not exceeding level 3 on the standard scale, if the land is in Wales.
Where proceedings have been brought under subsection (2) against a person as the owner of the land and he has, at some time before the end of the compliance period, ceased to be the owner of the land, if he— he shall be entitled to have the person who then became the owner of the land brought before the court in the proceedings.
duly lays information to that effect, and
gives the prosecution not less than three clear days’ notice of his intention,
Where proceedings have been brought under subsection (2) against a person as the occupier of the land and he has, at some time before the end of the compliance period, ceased to be the occupier of the land, if he— he shall be entitled to have brought before the court in the proceedings the person who then became the occupier of the land or, if nobody then became the occupier, the person who is the owner at the date of the notice.
duly lays information to that effect, and
gives the prosecution not less than three clear days’ notice of his intention,
“ tank ” includes any cage and any other structure for use in fish farming.
that person may be convicted of the offence; and
if the original defendant also proves that he took all reasonable steps to ensure compliance with the notice, he shall be acquitted of the offence.
If, after a person has been convicted under the previous provisions of this section, he does not as soon as practicable do everything in his power to secure compliance with the notice, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding the relevant amount for each day following his first conviction on which any of the requirements of the notice remain unfulfilled.
Any reference in this section to the compliance period, in relation to a notice, is a reference to the period specified in the notice for compliance with it or such extended period as the local planning authority who served the notice may allow for compliance.
In subsection (6) “the relevant amount” means—
if the land is in England, one-tenth of the greater of—
£5000, or
level 4 on the standard scale;
if the land is in Wales, one-tenth of level 3 on the standard scale.
A person on whom a notice under section 215 is served, or any other person having an interest in the land to which the notice relates, may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal against the notice on any of the following grounds—
that the condition of the land to which the notice relates does not adversely affect the amenity of any part of the area of the local planning authority who served the notice, or of any adjoining area;
that the condition of the land to which the notice relates is attributable to, and such as results in the ordinary course of events from, the carrying on of operations or a use of land which is not in contravention of Part III;
that the requirements of the notice exceed what is necessary for preventing the condition of the land from adversely affecting the amenity of any part of the area of the local planning authority who served the notice, or of any adjoining area;
that the period specified in the notice as the period within which any steps required by the notice are to be taken falls short of what should reasonably be allowed.
Any appeal under this section shall be made— to a magistrates’ court . . .
in the case of a notice relating to land in Wales, to the Welsh Ministers;
in the case of a notice relating to land in England,
Where such an appeal is brought, the notice to which it relates shall be of no effect pending the final determination or withdrawal of the appeal.
On such an appeal the Welsh Ministers or (as the case may be) the magistrates’ court may correct any informality, defect or error in the notice if satisfied that the informality, defect or error is not material.
On the determination of such an appeal the Welsh Ministers or (as the case may be) the magistrates’ court shall give directions for giving effect to their determination, including, where appropriate, directions for quashing the notice or for varying the terms of the notice in favour of the appellant.
Where any person has appealed ... under this section against a notice, neither that person nor any other shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.
The Welsh Ministers may by regulations make provision, in respect of appeals made to them under this section—
as to steps to be taken in connection with bringing an appeal (including as to the form and content of any notice required to be given, and persons to whom copies of it are to be provided);
about information to be provided to the Welsh Ministers in connection with an appeal;
as to the procedure by which an appeal under this section is to be considered (including provision about circumstances in which the appellant or the local planning authority must be given the opportunity of appearing before and being heard by a person appointed by the Welsh Ministers for the purpose).
Where an appeal has been brought to a magistrates' court under section 217, an appeal against the decision of the magistrates’ court on that appeal may be brought to the Crown Court by the appellant or by the local planning authority who served the notice in question under section 215.
If, within the period specified in a notice under section 215 in accordance with subsection (2) of that section, or within such extended period as the local planning authority who served the notice may allow, any steps required by the notice to be taken have not been taken, the local planning authority who served the notice may—
enter the land and take those steps, and
recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.
Where a notice has been served under section 215— shall be deemed to be incurred or paid for the use and at the request of the person who caused or permitted the land to come to be in the condition in which it was when the notice was served.
any expenses incurred by the owner or occupier of any land for the purpose of complying with the notice, and
any sums paid by the owner of any land under subsection (1) in respect of expenses incurred by the local planning authority in taking steps required by such a notice,
Regulations made under this Act may provide that— shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a notice under section 215.
section 276 of the Public Health Act 1936 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);
section 289 of that Act (power to require the occupier of any premises to permit works to be executed by the owner of the premises); or
section 294 of that Act (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act),
Regulations under subsection (3) applying section 289 of the Public Health Act 1936 may include adaptations and modifications for the purpose of giving the owner of land to which a notice under section 215 relates the right, as against all other persons interested in the land, to comply with the requirements of the enforcement notice.
Regulations under subsection (3) may also provide for the charging on the land of any expenses recoverable by a local authority under subsection (1).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a local planning authority consider it necessary or expedient for an actual or apprehended offence under section 210 or 211 to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Chapter.
Subsections (2) to (4) of section 187B apply to an application under this section as they apply to an application under that section.
Any person duly authorised in writing by a local planning authority may enter any land for the purpose of— if there are reasonable grounds for entering for the purpose in question.
surveying it in connection with making or confirming a tree preservation order with respect to the land;
ascertaining whether an offence under section 210 or 211 has been committed on the land; or
determining whether a notice under section 207 should be served on the owner of the land,
Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land, if there are reasonable grounds for entering for that purpose.
Any person who is duly authorised in writing by a local planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under this Chapter.
Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the local planning authority under this Chapter (other than section 204).
Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under this Chapter.
The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the local planning authority.
Admission shall not be demanded as of right— unless twenty-four hours’ notice of the intended entry has been given to the occupier.
by virtue of subsection (1) or (2) to any building used as a dwellinghouse; or
by virtue of subsection (3), (4) or (5) to any land which is occupied,
Any right to enter by virtue of this section shall be exercised at a reasonable hour.
If it is shown to the satisfaction of a justice of the peace on sworn information in writing— the justice may issue a warrant authorising any person duly authorised in writing by a local planning authority or, as the case may be, the Secretary of State to enter the land.
that there are reasonable grounds for entering any land for any of the purposes mentioned in section 214B(1) or (2); and
that—
admission to the land has been refused, or a refusal is reasonably apprehended; or
the case is one of urgency,
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.
A warrant authorises entry on one occasion only and that entry must be—
within one month from the date of the issue of the warrant; and
at a reasonable hour, unless the case is one of urgency.
Any power conferred under or by virtue of section 214B or 214C to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil.
A person authorised to enter land in the exercise of a right of entry—
shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
may take with him such other persons as may be necessary; and
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.
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.
If any damage is caused to land or chattels in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.
The provisions of section 118 shall apply in relation to compensation under subsection (4) as they apply in relation to compensation under Part IV.
Regulations under this Act shall make provision for restricting or regulating the display of advertisements so far as appears to the Secretary of State to be expedient in the interests of amenity or public safety.
Without prejudice to the generality of subsection (1), any such regulations may provide—
for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which advertisements may be displayed and the manner in which they are to be affixed to the land;
for requiring the consent of the local planning authority to be obtained for the display of advertisements, or of advertisements of any class specified in the regulations;
for applying, in relation to any such consent and to applications for such consent, any of the provisions mentioned in subsection (3), subject to such adaptations and modifications as may be specified in the regulations;
for the constitution, for the purposes of the regulations, of such advisory committees as may be prescribed by the regulations, and for determining the manner in which the expenses of any such committee are to be defrayed.
The provisions referred to in subsection (2)(c) are—
the provisions of Part III relating to planning permission and to applications for planning permission, except sections 56, 62 , 65 . . ., 69(3) and (4), 71, . . ., 91 to 96, 100 and 101 and Schedule 8;
sections 137 to 141, 143 and 144 (except so far as they relate to purchase notices served in consequence of such orders as are mentioned in section 137(1)(b) or (c));
section 316.
The regulations may also make provision as to—
the form and manner in which an application for consent must be made;
particulars of such matters as are to be included in the application;
any documents or other materials which must accompany the application.
Without prejudice to the generality of the powers conferred by this section, regulations made for the purposes of this section may provide that any appeal from the decision of the local planning authority, on an application for their consent under the regulations, shall be to an independent tribunal constituted in accordance with the regulations, instead of being an appeal to the Secretary of State.
If any tribunal is so constituted, the Secretary of State may pay to the chairman and members of the tribunal such remuneration, whether by way of salaries or by way of fees, and such reasonable allowances in respect of expenses properly incurred in the performance of their duties, as he may with the consent of the Treasury determine.
Regulations made for the purposes of section 220 may make different provision with respect to different areas, and in particular may make special provision—
with respect to conservation areas;
with respect to areas defined for the purposes of the regulations as experimental areas, and
with respect to areas defined for the purposes of the regulations as areas of special control.
An area may be defined as an experimental area for a prescribed period for the purpose of assessing the effect on amenity or public safety of advertisements of a prescribed description.
An area may be defined as an area of special control if it is—
a rural area, or
an area which appears to the Secretary of State to require special protection on grounds of amenity.
Without prejudice to the generality of subsection (1), the regulations may prohibit the display in an area of special control of all advertisements except advertisements of such classes (if any) as may be prescribed.
Areas of special control for the purposes of regulations under this section may be defined by means of orders made or approved by the Secretary of State in accordance with the provisions of the regulations.
Where the Secretary of State is authorised by the regulations to make or approve any such order as is mentioned in subsection (5), the regulations shall provide— before the order is made or approved.
for the publication of notice of the proposed order in such manner as may be prescribed,
for the consideration of objections duly made to it, and
for the holding of such inquiries or other hearings as may be prescribed,
Subject to subsection (8), regulations made under section 220 may be made so as to apply—
to advertisements which are being displayed on the date on which the regulations come into force, or
to the use for the display of the advertisements of any site which was being used for that purpose on that date.
Any regulations made in accordance with subsection (7) shall provide for exempting from them— during such period as may be prescribed.
the continued display of any such advertisements as there mentioned; and
the continued use for the display of advertisements of any such site as there mentioned,
Different periods may be prescribed under subsection (8) for the purposes of different provisions of the regulations.
Where the display of advertisements in accordance with regulations made under section 220 involves development of land—
planning permission for that development shall be deemed to be granted by virtue of this section, and
no application shall be necessary for that development under Part III.
Where, for the purpose of complying with any regulations made under section 220, works are carried out by any person— that person shall, on a claim made to the local planning authority within such time and in such manner as may be prescribed, be entitled to recover from that authority compensation in respect of any expenses reasonably incurred by him in carrying out those works.
for removing an advertisement which was being displayed on 1st August 1948; or
for discontinuing the use for the display of advertisements of a site used for that purpose on that date,
Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this section shall be referred to and determined by the Upper Tribunal.
In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.
Regulations under section 220 may make provision for enabling the local planning authority to require—
the removal of any advertisement which is displayed in contravention of the regulations, or
the discontinuance of the use for the display of advertisements of any site which is being so used in contravention of the regulations.
For that purpose the regulations may apply any of the provisions of Part VII with respect to enforcement notices or the provisions of section 186, subject to such adaptations and modifications as may be specified in the regulations.
Without prejudice to any provisions included in such regulations by virtue of subsection (1) or (2), if any person displays an advertisement in contravention of the regulations he shall be guilty of an offence and liable on summary conviction to a fine of such amount as may be prescribed, not exceeding level 4 on the standard scale and, in the case of a continuing offence, one-tenth of level 4 on the standard scale for each day during which the offence continues after conviction.
Without prejudice to the generality of subsection (3), a person shall be deemed to display an advertisement for the purposes of that subsection if—
he is the owner or occupier of the land on which the advertisement is displayed; or
the advertisement gives publicity to his goods, trade, business or other concerns.
A person shall not be guilty of an offence under subsection (3) by reason only— if he proves either of the matters specified in subsection (6) .
of his being the owner or occupier of the land on which an advertisement is displayed, or
of his goods, trade, business or other concerns being given publicity by the advertisement,
The matters are that—
the advertisement was displayed without his knowledge; or
he took all reasonable steps to prevent the display or, after the advertisement had been displayed, to secure its removal.
Proceedings for an offence under subsection (3) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge.
Subsection (7) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.
For the purposes of subsection (7), a certificate— is conclusive evidence of that fact.
signed by or on behalf of the prosecutor, and
stating the date on which evidence sufficient in the prosecutor's opinion to justify the proceedings came to the prosecutor's knowledge,
A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.
Subsection (7) does not apply in relation to an offence in respect of an advertisement in Wales.
Subject to subsections (2) and (3), the local planning authority may remove or obliterate any placard or poster—
which is displayed in their area; and
which in their opinion is so displayed in contravention of regulations made under section 220.
Subsection (1) does not authorise the removal or obliteration of a placard or poster displayed within a building to which there is no public right of access.
Subject to subsection (4), where a placard or poster identifies the person who displayed it or caused it to be displayed, the local planning authority shall not exercise any power conferred by subsection (1) unless they have first given him notice in writing—
that in their opinion it is displayed in contravention of regulations made under section 220; and
that they intend to remove or obliterate it on the expiry of a period specified in the notice and recover from him the costs they may reasonably incur in doing so .
Subsection (3) does not apply if—
the placard or poster does not give his address, and
the authority do not know it and are unable to ascertain it after reasonable inquiry.
The period specified in a notice under subsection (3) must be not less than two days from the date of service of the notice.
Where— the authority may recover from that person the costs they may reasonably incur in exercising their power under subsection (1).
a local planning authority serve a notice on a person under subsection (3) in relation to a placard or poster, and
the person fails to remove or obliterate it within the period specified in the notice,
This subsection applies in relation to a placard or poster where— the placard or poster publicises the goods, services or concerns of an identifiable person.
the placard or poster does not identify the person who displayed it or caused it to be displayed, or
it does do so, but subsection (3) does not apply by reason of subsection (4), and
Where subsection (7) applies, subsections (3) to (6) have effect as if the reference in subsection (3) to the person who displayed the placard or poster or caused it to be displayed were a reference to the person whose goods, services or concerns are publicised.
Where any damage is caused to land or chattels in the exercise of the power under subsection (1) in relation to a placard or poster, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power.
Subsection (9) does not permit the recovery of compensation by the person who displayed the placard or poster or caused it to be displayed.
The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.
Subject to subsections (2), (3) and (5) and the right of appeal under section 225B, the local planning authority for an area in England may remove, and then dispose of, any display structure—
which is in their area; and
which, in the local planning authority's opinion, is used for the display of advertisements in contravention of regulations under section 220.
Subsection (1) does not authorise the removal of a display structure in a building to which there is no public right of access.
The local planning authority may not under subsection (1) remove a display structure unless the local planning authority have first served a removal notice on a person who appears to the local planning authority to be responsible for the erection or maintenance of the display structure.
Subsection (3) applies only if there is a person—
who appears to the local planning authority to be responsible for the erection or maintenance of the display structure; and
whose name and address are either known by the local planning authority or could be ascertained by the local planning authority after reasonable enquiry.
If subsection (3) does not apply, the local planning authority may not under subsection (1) remove a display structure unless the local planning authority have first—
fixed a removal notice to the display structure or exhibited a removal notice in the vicinity of the display structure; and
served a copy of that notice on the occupier of the land on which the display structure is situated.
Subsection (5)(b) applies only if the local planning authority know who the occupier is or could identify the occupier after reasonable enquiry.
Where— the local planning authority may recover, from any person on whom the removal notice has been served under subsection (3) or (5)(b), expenses reasonably incurred by the local planning authority in exercising the local planning authority's power under subsection (1).
the local planning authority has served a removal notice in accordance with subsection (3) or (5)(b), and
the display structure is not removed by the time specified in the removal notice,
Expenses are not recoverable under subsection (7) from a person if the person satisfies the local planning authority that the person was not responsible for the erection of the display structure and is not responsible for its maintenance.
Where in the exercise of power under subsection (1) any damage is caused to land or chattels, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power, but compensation is not recoverable under this subsection or section 325(6)—
for damage caused to the display structure; or
for damage reasonably caused in removing the display structure.
The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.
In this section “removal notice”, in relation to a display structure, means notice—
stating that in the local planning authority's opinion the display structure is used for the display of advertisements in contravention of regulations under section 220;
stating that the local planning authority intend after a time specified in the notice to remove the display structure; and
stating the effect of subsections (7) and (8).
A time specified under subsection (11)(b) may not be earlier than the end of 22 days beginning with the date of the notice.
In this section “display structure” means (subject to subsection (14))—
a hoarding or similar structure used, or designed or adapted for use, for the display of advertisements;
anything (other than a hoarding or similar structure) principally used, or designed or adapted principally for use, for the display of advertisements;
a structure that is itself an advertisement; or
fitments used to support anything within any of paragraphs (a) to (c).
Something is a “display structure” for the purpose of this section only if—
its use for the display of advertisement requires consent under this Chapter, and
that consent has not been granted and is not deemed to have been granted.
In subsection (13) “structure” includes movable structure.
A person on whom a removal notice has been served in accordance with section 225A(3) or (5)(b) may appeal to a magistrates' court on any of the following grounds—
that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;
that there has been some informality, defect or error in, or in connection with, the notice;
that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure;
that the notice should have been served on another person.
For the purposes of subsection (3), a person is a “permitted appellant” in relation to a removal notice if—
the removal notice has been fixed or exhibited in accordance with section 225A(5)(a);
the person is an owner or occupier of the land on which the display structure concerned is situated; and
no copy of the removal notice has been served on the person in accordance with section 225A(5)(b).
A person who is a permitted appellant in relation to a removal notice may appeal to a magistrates' court on any of the following grounds—
that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;
that there has been some informality, defect or error in, or in connection with, the notice;
that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure.
So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (3)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the removal notice should have been served in accordance with section 225A(3) or (5)(b).
If— it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).
a removal notice is served on a person in accordance with section 225A(3) or (5)(b), and
the local planning authority bring proceedings against the person for the recovery under section 225A(7) of any expenses,
In this section “removal notice” and “display structure” have the same meaning as in section 225A.
Subsections (2) and (3) apply if the local planning authority for an area in England have reason to believe that there is a persistent problem with the display of unauthorised advertisements on a surface of—
any building, wall, fence or other structure or erection; or
any apparatus or plant.
The local planning authority may serve an action notice on the owner or occupier of the land in or on which the surface is situated.
If after reasonable enquiry the local planning authority— the local planning authority may fix an action notice to the surface.
are unable to ascertain the name and address of the owner, and
are unable to ascertain the name and address of the occupier,
For the purposes of this section “an action notice”, in relation to a surface, is a notice requiring the owner or occupier of the land in or on which the surface is situated to carry out the measures specified in the notice by a time specified in the notice.
A time may be specified in an action notice if it is a reasonable time not earlier than the end of 28 days beginning with the date of the notice.
Measures may be specified in an action notice if they are reasonable measures to prevent or reduce the frequency of the display of unauthorised advertisements on the surface concerned.
The time by which an owner or occupier must comply with an action notice may be postponed by the local planning authority.
This section has effect subject to—
the other provisions of the enactments relating to town and country planning;
the provisions of the enactments relating to historic buildings and ancient monuments; and
Part 2 of the Food and Environmental Protection Act 1985 (which relates to deposits in the sea).
Subsection (10) applies if—
an action notice is served under subsection (2) or fixed under subsection (3); and
the measures specified in the notice are not carried out by the time specified in the notice.
The local planning authority may—
carry out the measures; and
recover expenses reasonably incurred by the local planning authority in doing that from the person required by the action notice to do it.
Power under subsection (10)(a) is subject to the right of appeal under section 225D.
Where in the exercise of power under subsection (10)(a) any damage is caused to land or chattels, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power, but compensation is not recoverable under this subsection for damage reasonably caused in carrying out the measures.
The provisions of section 118 apply in relation to compensation under subsection (12) as they apply in relation to compensation under Part 4.
The local planning authority may not recover expenses under subsection (10)(b) in respect of a surface that—
forms part of a flat or a dwellinghouse;
is within the curtilage of a dwellinghouse; or
forms part of the boundary of the curtilage of a dwellinghouse.
Each of sections 275 and 291 of the Public Health Act 1936 (provision for authority to agree to take the required measures at expense of owner or occupier, and provision for expenses to be recoverable also from owner's successor or from occupier and to be charged on premises concerned) applies as if the reference in that section to that Act included a reference to this section.
In this section—
A person on whom notice has been served under section 225C(2) may appeal to a magistrates' court on any of the following grounds—
that there is no problem with the display of unauthorised advertisements on the surface concerned or any such problem is not a persistent one;
that there has been some informality, defect or error in, or in connection with, the notice;
that the time within which the measures specified in the notice are to be carried out is not reasonably sufficient for the purpose;
that the notice should have been served on another person.
The occupier or owner of premises which include a surface to which a notice has been fixed under section 225C(3) may appeal to a magistrates' court on any of the following grounds—
that there is no problem with the display of unauthorised advertisements on the surface concerned or any such problem is not a persistent one;
that there has been some informality, defect or error in, or in connection with, the notice;
that the time within which the measures specified in the notice are to be carried out is not reasonably sufficient for the purpose.
So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the notice under section 225C(2) should have been served.
If— it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).
notice under section 225C(2) is served on a person, and
the local planning authority bring proceedings against the person for the recovery under section 225C(10)(b) of any expenses,
Subsection (2) and (3) apply where the local planning authority serves a notice under section 225C(2) requiring a statutory undertaker to carry out measures in respect of the display of unauthorised advertisements on a surface on its operational land.
The statutory undertaker may, within 28 days beginning with the date of service of the notice, serve a counter-notice on the local planning authority specifying alternative measures which will in the statutory undertaker's reasonable opinion have the effect of preventing or reducing the frequency of the display of unauthorised advertisements on the surface to at least the same extent as the measures specified in the notice.
Where a counter-notice is served under subsection (2), the notice under section 225C(2) is to be treated—
as requiring the alternative measures specified in the counter-notice to be carried out (instead of the measures actually required by the notice under section 225C(2)); and
as having been served on the date on which the counter-notice is served.
The time by which a statutory undertaker must carry out the measures specified in a counter-notice served under subsection (2) may be postponed by the local planning authority.
Subsections (2) and (3) apply if—
premises in England include a surface that is readily visible from a place to which the public have access;
either—
the surface does not form part of the operational land of a statutory undertaker, or
the surface forms part of the operational land of a statutory undertaker and subsection (11) applies to the surface;
there is a sign on the surface; and
the local planning authority consider the sign to be detrimental to the amenity of the area or offensive.
The local planning authority may serve on the occupier of the premises a notice requiring the occupier to remove or obliterate the sign by a time specified in the notice.
If it appears to the local planning authority that there is no occupier of the premises, the local planning authority may fix to the surface a notice requiring the owner or occupier of the premises to remove or obliterate the sign by a time specified in the notice.
A time specified under subsection (2) or (3) may not be earlier than the end of 15 days beginning the date of service or fixing of the notice.
Subsection (6) applies if—
a notice is served under subsection (2) or fixed under subsection (3); and
the sign is neither removed nor obliterated by the time specified in the notice.
The local planning authority may—
remove or obliterate the sign; and
recover expenses reasonably incurred by the local planning authority in doing that from the person required by the notice to do it.
Power under subsection (6)(a) is subject to the right of appeal under section 225I.
Expenses may not be recovered under subsection (6)(b) if the surface—
forms part of a flat or a dwellinghouse;
is within the curtilage of a dwellinghouse; or
forms part of the boundary of the curtilage of a dwellinghouse.
Section 291 of the Public Health Act 1936 (provision for expenses to be recoverable also from owner's successor or from occupier and to be charged on premises concerned) applies as if the reference in that section to that Act included a reference to this section.
For the purposes of this section, a universal postal service provider is treated as being the occupier of any plant or apparatus that consists of a universal postal service letter box or a universal postal service pouch-box belonging to it.
This subsection applies to a surface if the surface abuts on, or is one to which access is given directly from, either—
a street; or
any place, other than a street, to which the public have access as of right.
In this section—
“flat” means a separate and self-contained set of premises constructed or adapted for use as a dwelling and forming part of a building from some other part of which it is divided horizontally;
The local planning authority may serve a notice under section 225F(2) on a universal postal service provider in respect of a universal postal service letter box, or universal postal service pouch-box, belonging to the provider only if—
the authority has served on the provider written notice of the authority's intention to do so; and
the period of 28 days beginning with the date of service of that notice has ended.
In this section—
The local planning authority may exercise the power conferred by section 225F(6)(a) to remove or obliterate a sign from any surface on a bus shelter, or other street furniture, of a statutory undertaker that is not situated on operational land of the statutory undertaker only if—
the authority has served on the statutory undertaker notice of the authority's intention to do so;
the notice specified the bus shelter, or other street furniture, concerned; and
the period of 28 days beginning with the date of service of the notice has ended.
In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).
A person on whom notice has been served under section 225F(2) may appeal to a magistrates' court on any of the following grounds—
that the sign concerned is neither detrimental to the amenity of the area nor offensive;
that there has been some informality, defect or error in, or in connection with, the notice;
that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose;
that the notice should have been served on another person.
The occupier or owner of premises which include a surface to which a notice has been fixed under section 225F(3) may appeal to a magistrates' court on any of the following grounds—
that the sign concerned is neither detrimental to the amenity of the area nor offensive;
that there has been some informality, defect or error in, or in connection with, the notice;
that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose.
So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the notice under section 225F(2) should have been served.
If— it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).
notice under section 225F(2) is served on a person, and
the local planning authority bring proceedings against the person for the recovery under section 225F(6)(b) of any expenses,
Subsection (2) applies if—
premises in England include a surface that is readily visible from a place to which the public have access;
there is a sign on the surface; and
the owner or occupier of the premises asks the local planning authority to remove or obliterate the sign.
The local planning authority may—
remove or obliterate the sign; and
recover expenses reasonably incurred by the local planning authority in doing that from the person who asked the local planning authority to do it.
In this section “premises” means building, wall, fence or other structure or erection, or apparatus or plant.
In this section “sign”—
includes—
any writing, letter, picture, device or representation, and
any advertisement, but
does not include an advertisement for the display of which deemed or express consent has been granted under Chapter 3.
This section applies in relation to the exercise by the local planning authority of—
power conferred by section 225A(1), or section 324(3) so far as applying for the purposes of section 225A(1), to—
enter on any operational land of a statutory undertaker, or
remove a display structure situated on operational land of a statutory undertaker;
power conferred by section 225C(10)(a), or section 324(3) so far as applying for the purposes of section 225C(10)(a), to—
enter on any operational land of a statutory undertaker, or
carry out any measures to prevent or reduce the frequency of the display of unauthorised advertisements on a surface on operational land of a statutory undertaker; or
power conferred by section 225F(6)(a), or section 324(3) so far as applying for the purposes of section 225F(6)(a), to—
enter on any operational land of a statutory undertaker, or
remove or obliterate a sign on a surface of premises that are, or are on, operational land of a statutory undertaker.
The authority may exercise the power only if—
the authority has served on the statutory undertaker notice of the authority's intention to do so;
the notice specified the display structure, surface or sign concerned and its location; and
the period of 28 days beginning with the date of service of the notice has ended.
If— the power may only be exercised subject to, and in accordance with, the conditions specified in the counter-notice.
a notice under subsection (2) is served on a statutory undertaker, and
within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority specifying conditions subject to which the power is to be exercised,
The conditions which may be specified in a counter-notice under subsection (3) are conditions which are—
necessary or expedient in the interests of safety or the efficient and economic operation of the undertaking concerned; or
for the protection of any works, apparatus or other property not vested in the statutory undertaker which are lawfully present on, in, under or over the land upon which entry is proposed to be made.
If— the power may not be exercised.
a notice under subsection (2) is served on a statutory undertaker, and
within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority requiring the local planning authority to refrain from exercising the power,
A counter-notice under subsection (5) may be served only if the statutory undertaker has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the power cannot be exercised under the circumstances in question—
without risk to the safety of any person; or
without unreasonable risk to the efficient and economic operation of the statutory undertaker's undertaking.
In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).
A local authority or strategic authority to whom this section applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily any land in their area ... —
if the authority think that the acquisition will facilitate the carrying out of development, re-development or improvement on or in relation to the land,
which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to the provisions of the development plan, so far as material;
to whether planning permission for any development on the land is in force; and
to any other considerations which would be material for the purpose of determining an application for planning permission for development on the land.
But a local authority or strategic authority must not exercise the power under paragraph (a) of subsection (1) unless they think that the development, re-development or improvement is likely to contribute to the achievement of any one or more of the following objects—
the promotion or improvement of the economic well-being of their area;
the promotion or improvement of the social well-being of their area;
the promotion or improvement of the environmental well-being of their area.
In the application of subsections (1) and (1A) in England, “improvement” includes regeneration.
Where a local authority or strategic authority exercise their power under subsection (1) in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—
any land adjoining that land which is required for the purpose of executing works for facilitating its development or use; or
where that land forms part of a common or open space or fuel or field garden allotment, any land which is required for the purpose of being given in exchange for the land which is being acquired.
It is immaterial by whom the local authority or strategic authority propose that any activity or purpose mentioned in subsection (1) or (3)(a) should be undertaken or achieved (and in particular the local authority need not propose to undertake an activity or to achieve that purpose themselves).
Section 226A makes provision about the exercise of the function conferred by subsection (1) on combined authorities and CCAs.
Where under subsection (1) the Secretary of State has power to authorise a local authority or strategic authority to whom this section applies to acquire any land compulsorily he may, after the requisite consultation, authorise the land to be so acquired by another authority, being a local authority within the meaning of this Act or strategic authority to whom this section applies.
Before giving an authorisation under subsection (5), the Secretary of State shall—
if the land is in a non-metropolitan county in England, consult with the councils of the county and the district;
if the land is in a metropolitan district, consult with the council of the district;
if the land is in a London borough, consult with the council of the borough;
if the land is in Wales, consult with the council of the county or county borough; ...
if the land is in the area of a strategic authority to whom this section applies, consult with that strategic authority (in addition to any other consultation required by this subsection).
The Secretary of State must not authorise the acquisition of any interest in Crown land unless—
it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and
the appropriate authority consents to the acquisition.
The Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under this section.
The local authorities to whom this section applies are the councils of counties, county boroughs, districts and London boroughs.
In this section “strategic authority to whom this section applies” means a combined authority or CCA.
Crown land must be construed in accordance with Part 13.
The council of any county, county borough, district or London borough or any combined authority or CCA may acquire by agreement any land which they require for any purpose for which a local authority or combined authority or CCA may be authorised to acquire land under section 226.
The provisions of Part 1 of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, section 10 and section 31, shall apply in relation to the acquisition of land under this section.
In the case of a mayoral combined authority, before exercising the compulsory acquisition function the combined authority must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
the constituent councils;
any National Park authority;
the Broads Authority.
In the case of a mayoral CCA, before exercising the compulsory acquisition function the CCA must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
the constituent councils;
any district council within the area of the CCA that is not a constituent council;
any National Park authority;
the Broads Authority.
In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— and consent of a constituent council must be given at a meeting of the combined authority.
the constituent councils;
any National Park authority;
the Broads Authority;
In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— and consent of a constituent council must be given at a meeting of the CCA.
the constituent councils;
any district council within the area of the CCA that is not a constituent council;
any National Park authority;
the Broads Authority;
In this section “compulsory acquisition function” means the function conferred by section 226(1).
The Secretary of State for Housing, Communities and Local Government may acquire compulsorily—
any land necessary for the public service; and
any land which it is proposed to use not only for the public service but also— otherwise than for the public service.
to meet the interests of proper planning of the area, or
to secure the best or most economic development or use of the land,
Where the Secretary of State has acquired or proposes to acquire any land under subsection (1) (“the primary land”) and in his opinion other land ought to be acquired together with the primary land— he may compulsorily acquire that other land.
in the interests of the proper planning of the area concerned; or
for the purpose of ensuring that the primary land can be used, or developed and used, (together with that other land) in what appears to him to be the best or most economic way; or
where the primary land or any land acquired, or which he proposes to acquire, by virtue of paragraph (a) or (b) of this subsection or of section 122(1)(a) or (b) of the Local Government, Planning and Land Act 1980, forms part of a common, open space or fuel or field garden allotment, for the purpose of being given in exchange for that land,
But subsection (1) does not permit the acquisition of any interest in Crown land unless—
it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and
the appropriate authority consents to the acquisition.
Subject to subsection (4), the power of acquiring land compulsorily under this section shall include power to acquire an easement or other right over land by the grant of a new right.
Subsection (3) shall not apply to an easement or other right over any land which would for the purposes of the Acquisition of Land Act 1981 form part of a common, open space or fuel or field garden allotment.
References in this section to the public service include the service in the United Kingdom—
of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become a member;
of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);
of a foreign sovereign Power or the Government of such a Power.
For the purposes of subsection (5)(b) “treaty” includes any international agreement and any protocol or annex to a treaty or international agreement.
The Acquisition of Land Act 1981 shall apply to any compulsory acquisition by the Secretary of State for Housing, Communities and Local Government under this section.
Crown land must be construed in accordance with Part 13.
Any local authority or non-mayoral combined authority or non-mayoral CCA may be authorised, by an order made by that authority and confirmed by the Secretary of State, to appropriate for any purpose for which that authority can be authorised to acquire land under any enactment any land to which this subsection applies which is for the time being held by them for other purposes.
Subsection (1) applies to land which is or forms part of a common or fuel or field garden allotment (including any such land which is specially regulated by any enactment, whether public general or local or private), other than land which is Green Belt land within the meaning of the Green Belt (London and Home Counties) Act 1938.
Section 19 of the Acquisition of Land Act 1981 (special provision with respect to compulsory purchase orders under that Act relating to land forming part of a common, open space or fuel or field garden allotment) shall apply to an order under this section authorising the appropriation of land as it applies to a compulsory purchase order under that Act.
Where land appropriated under this section was acquired under an enactment incorporating the Lands Clauses Acts, any works executed on the land after the appropriation has been effected shall, for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965, be deemed to have been authorised by the enactment under which the land was acquired.
On an appropriation of land by a local authority or non-mayoral combined authority or non-mayoral CCA under this section, where— such adjustments shall be made in the accounts of the local authority as the Secretary of State may direct.
the authority is not an authority to whom Part II of the 1959 Act applies;
the land was immediately before the appropriation held by the authority for the purposes of a grant-aided function (within the meaning of that Act); or
the land is appropriated by the authority for the purposes of such a function,
On an appropriation under this section which does not fall within subsection (5), such adjustment of accounts shall be made as is required by section 24(1) of the 1959 Act.
Without prejudice to the generality of the powers conferred by sections 226 and 227, any power of a local authority to acquire land under those sections, whether compulsorily or by agreement, shall include power to acquire land required for giving in exchange—
for land appropriated under section 229; or
for Green Belt land appropriated in accordance with the Green Belt (London and Home Counties) Act 1938 for any purpose specified in a development plan.
In subsection (1) “Green Belt land” has the same meaning as in that Act.
Without prejudice to the generality of the powers conferred by sections 226 and 227, any power of a combined authority or CCA to acquire land under those sections, whether compulsorily or by agreement, shall include power to acquire land required for giving in exchange for land appropriated under section 229.
If the Secretary of State is satisfied after holding a local inquiry that the council of a county, county borough , or a combined authority or CCA,, district or London borough have failed to take steps for the acquisition of any land which in his opinion ought to be acquired by them under section 226 . . ., he may by order require the council or combined authority or CCA to take such steps as may be specified in the order for acquiring the land.
If the Secretary of State is satisfied after holding a local inquiry that a local authority or a non-mayoral combined authority or non-mayoral CCA have failed to carry out, on land acquired by them under section 226 (or section 68 of the 1962 Act or section 112 of the 1971 Act) or appropriated by them under section 229 (or section 121 of the 1971 Act), any development which in his opinion ought to be carried out, he may by order require the authority to take such steps as may be specified in the order for carrying out the development.
An order under this section shall be enforceable on the application of the Secretary of State by mandamus.
Where any land has been acquired or appropriated by a local authority or a non-mayoral combined authority or non-mayoral CCA for planning purposes and is for the time being held by them for the purposes for which it was so acquired or appropriated, the authority may appropriate the land for any purpose for which they are or may be authorised in any capacity to acquire land by virtue of or under any enactment not contained in this Part or in Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023.
Land which consists or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority or a non-mayoral combined authority or non-mayoral CCA in accordance with a local Act shall not be appropriated under this section without the consent of the Secretary of State.
Such consent may be given—
either in respect of a particular appropriation or in respect of appropriations of any class, and
either subject to or free from any conditions or limitations.
Before appropriating under this section any land which consists of or forms part of an open space, a local authority or a non-mayoral combined authority or non-mayoral CCA—
shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and
shall consider any objections to the proposed appropriation which may be made to them.
In relation to any appropriation under this section—
subsection (4) of section 122 of the Local Government Act 1972 (which relates to the operation of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965) shall have effect as it has effect in relation to appropriations under section 122 of that Act of 1972; and
subsections (5) and (6) of section 229 of this Act shall have effect as they have effect in relation to appropriations under that section.
In relation to any such land as is mentioned in subsection (1), this section shall have effect to the exclusion of the provisions of section 122(1) of the Local Government Act 1972.
Where any land has been acquired or appropriated by a local authority or a non-mayoral combined authority or non-mayoral CCA for planning purposes and is for the time being held by them for the purposes for which it was so acquired or appropriated, the authority may dispose of the land to such person, in such manner and subject to such conditions as appear to them to be expedient in order—
to secure the best use of that or other land and any buildings or works which have been, or are to be, erected, constructed or carried out on it (whether by themselves or by any other person), or
to secure the erection, construction or carrying out on it of any buildings or works appearing to them to be needed for the proper planning of the area of the authority.
Land which consists of or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority or a non-mayoral combined authority or non-mayoral CCA in accordance with a local Act shall not be disposed of under this section without the consent of the Secretary of State.
The consent of the Secretary of State is also required where the disposal is to be for a consideration less than the best that can reasonably be obtained and is not—
the grant of a term of seven years or less; or
the assignment of a term of years of which seven years or less are unexpired at the date of the assignment.
Before disposing under this section of any land which consists of or forms part of an open space, a local authority or a non-mayoral combined authority or non-mayoral CCA—
shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and
shall consider any objections to the proposed disposal which may be made to them.
The Secretary of State may give consent under subsection (3)—
in relation to any particular disposal or disposals, or in relation to a particular class of disposals,
in relation to local authorities generally, or local authorities of a particular class, or to any particular local authority or authorities, ...
in relation to combined authorities or CCAs generally, or combined authorities or CCAs of a particular class, or to any particular combined authority or authorities or CCA or CCAs, and
either unconditionally or subject to conditions (either generally, or in relation to any particular disposal or disposals or class of disposals).
In relation to land acquired or appropriated for planning purposes for a reason mentioned in section 226(1)(a) or (3) the powers conferred by this section on a local authority or a non-mayoral combined authority or non-mayoral CCA, and on the Secretary of State in respect of the giving of consent to disposals under this section, shall be so exercised as to secure to relevant occupiers, so far as may be practicable, a suitable opportunity for accommodation.
A person is a relevant occupier for the purposes of subsection (5) if— and in this subsection “development” includes redevelopment.
he was living or carrying on business or other activities on any such land as is mentioned in that subsection which the authority have acquired as mentioned in subsection (1),
he desires to obtain accommodation on such land, and
he is willing to comply with any requirements of the authority as to the development and use of such land;
In subsection (5) a suitable opportunity for accommodation means, in relation to any person, an opportunity to obtain accommodation on the land in question which is suitable to his reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from him.
In relation to any such land as is mentioned in subsection (1), this section shall have effect to the exclusion of section 123 of the Local Government Act 1972 (disposal of land by principal councils).
Section 128(2) of the Local Government Act 1972 (which already gives protection to purchasers etc in respect of certain land transactions, including disposals under this section by certain authorities) applies in relation to every disposal of land under this section by a local authority for an area in England or by a non-mayoral combined authority or non-mayoral CCA; and section 29 of the Town and Country Planning Act 1959 does not apply in relation to such a disposal.
The Secretary of State may dispose of land held by him and acquired by him or any other Minister under section 228 to such person, in such manner and subject to such conditions as appear to him expedient.
In particular, the Secretary of State may under subsection (1) dispose of land held by him for any purpose in order to secure its use for that purpose.
A local authority or a non-mayoral combined authority or non-mayoral CCA may—
erect, construct or carry out on any land to which this section applies any building or work other than a building or work for the erection, construction or carrying out of which, whether by that authority or by any other person, statutory power exists by virtue of, or could be conferred under, an alternative enactment; and
repair, maintain and insure any buildings or works on such land and generally deal with such land in a proper course of management.
This section applies to any land which—
has been acquired or appropriated by a local authority or a non-mayoral combined authority or non-mayoral CCA for planning purposes, and
is for the time being held by the authority for the purposes for which it was so acquired or appropriated.
A local authority or a non-mayoral combined authority or non-mayoral CCA may exercise the powers conferred by subsection (1) notwithstanding any limitation imposed by law on their capacity by virtue of their constitution.
A local authority or a non-mayoral combined authority or non-mayoral CCA may enter into arrangements with an authorised association for the carrying out by the association of any operation which, apart from the arrangements, the authority would have power under this section to carry out, on such terms (including terms as to the making of payments or loans by the authority to the association) as may be specified in the arrangements.
Nothing in this section shall be construed—
as authorising any act or omission on the part of a local authority or a non-mayoral combined authority or non-mayoral CCA which is actionable at the suit of any person on any grounds other than such a limitation as is mentioned in subsection (3); or
as authorising an authorised association to carry out any operation which they would not have power to carry out apart from subsection (4).
In this section—
“alternative enactment” means any enactment which is not contained in this Part, in section 2, 5 or 6 of the Local Authorities (Land) Act 1963, in section 14(1) or (4) or 17(3) of the Industrial Development Act 1982 or in Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990; and
whose objects include the promotion, formation or management of garden cities, garden suburbs or garden villages and the erection, improvement or management of buildings for the working classes and others, and
which does not trade for profit or whose constitution forbids the issue of any share or loan capital with interest or dividend exceeding the rate for the time being fixed by the Treasury.
Subject to the provisions of this section, upon the completion of a compulsory acquisition of land under section 226, 228 or 230—
all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and
any such apparatus shall vest in the acquiring authority.
Subsection (1) shall not apply—
to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking, or
to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network , or
to any electronic communications apparatus kept installed for the purposes of any such network.
In respect of any right or apparatus not falling within subsection (2), subsection (1) shall have effect subject—
to any direction given by the acquiring authority before the completion of the acquisition that subsection (1) shall not apply to any right or apparatus specified in the direction; and
to any agreement which may be made (whether before or after the completion of the acquisition) between the acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs.
Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority.
Any compensation payable under this section shall be determined in accordance with the Land Compensation Act 1961.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsection (3), the erection, construction or carrying out or maintenance of any building or work on land which has been acquired or appropriated by a local authority for planning purposes (whether done by the local authority or by a person deriving title under them) is authorised by virtue of this section if it is done in accordance with planning permission, notwithstanding that it involves—
interference with an interest or right to which this section applies, or
a breach of a restriction as to the user of land arising by virtue of a contract.
Subject to subsection (3), the interests and rights to which this section applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.
Nothing in this section shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land which is—
a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, or
a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system.
In respect of any interference or breach in pursuance of subsection (1), compensation—
shall be payable under section 63 or 68 of the Lands Clauses Consolidation Act 1845 or under section 7 or 10 of the Compulsory Purchase Act 1965, and
shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where—
the compensation is to be estimated in connection with a purchase under those Acts, or
the injury arises from the execution of works on land acquired under those Acts.
Where a person deriving title under the local authority by whom the land in question was acquired or appropriated— the liability shall be enforceable against the local authority.
is liable to pay compensation by virtue of subsection (4), and
fails to discharge that liability,
Nothing in subsection (5) shall be construed as affecting any agreement between the local authority and any other person for indemnifying the local authority against any liability under that subsection.
Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in subsection (1).
Notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land, any such land, which has been the subject of a relevant acquisition or appropriation, may subject to the following provisions of this section—
if it has been acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and
in any other case, be used by any person in any manner in accordance with planning permission.
Subsection (1) applies whether or not the land includes a building but it does not apply to land which consists of or forms part of a burial ground.
Any use of consecrated land authorised by subsection (1) shall be subject—
to compliance with the prescribed requirements with respect—
to the removal and reinterment of any human remains, and
to the disposal of monuments and fixtures and furnishings; and
to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part of it, remains on the land.
Any use of land other than consecrated land which— shall be subject to compliance with such requirements as are mentioned in subsection (3)(a).
has been the subject of a relevant acquisition or appropriation, and
at the time of acquisition or appropriation included a church or other building used or formerly used for religious worship or the site of such a church or building,
Any regulations made for the purposes of subsection (3) or (4)—
shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the same control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;
shall contain such requirements relating to the disposal of any such land as is mentioned in subsection (3) or (4) as appear to the Secretary of State requisite for securing that the provisions of those subsections are complied with in relation to the use of the land; and
may in particular by virtue of section 333(2B) include provision as to the closing of registers.
Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in subsection (1).
Notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of them, any land consisting of a burial ground or part of a burial ground, which has been the subject of a relevant acquisition or appropriation, may—
if it has been acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and
in any other case, be used by any person in any manner in accordance with planning permission.
This section does not apply to land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, in or upon the land have been complied with.
Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment, obligation or restriction as is mentioned in subsection (1).
Provision shall be made by any regulations made for the purposes of sections 238(3) and (4) and 239(2)—
for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments;
for enabling the personal representatives or relatives of any deceased person themselves to undertake— and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal (not exceeding such amount as may be prescribed);
the removal and reinterment of the remains of the deceased, and
the disposal of any monument commemorating the deceased,
for requiring compliance—
with such reasonable conditions (if any) as may be imposed in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal and the place and manner of reinterment of any human remains and the disposal of any monuments, and
with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.
Subject to the provisions of any such regulations, no faculty is required— and section 25 of the Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) does not apply to a removal carried out in accordance with the regulations.
for the removal and reinterment in accordance with the regulations of any human remains, or
for the removal or disposal of any monuments,
In sections 238 and 239 and this section—
In sections 238 and 239 “relevant acquisition or appropriation” also includes an acquisition made by a combined authority or CCA under this Part or compulsorily under any other enactment, or an appropriation by a combined authority or CCA for planning purposes.
Notwithstanding anything in any enactment relating to land which is or forms part of a common, open space or fuel or field garden allotment or in any enactment by which the land is specially regulated, such land which has been acquired by a Minister, a local authority , a combined authority or CCA or statutory undertakers under this Part or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment, or which has been appropriated by a local authority or a combined authority or CCA for planning purposes—
if it has been acquired by a Minister, may be used in any manner by him or on his behalf for any purpose for which he acquired the land; and
in any other case, may be used by any person in any manner in accordance with planning permission.
Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment as is mentioned in subsection (1).
If the Secretary of State certifies that possession of a house which— is immediately required for those purposes, nothing in the Rent Act 1977 or Part I of the Housing Act 1988 shall prevent the acquiring or appropriating authority from obtaining possession of the house.
has been acquired or appropriated by a local authority or a non-mayoral combined authority or non-mayoral CCA for planning purposes, and
is for the time being held by the authority for the purposes for which it was acquired or appropriated,
If it appears to the Secretary of State, after consultation with the authorities concerned, to be expedient that any land acquired by a local authority, or non-mayoral combined authority or non-mayoral CCA, for planning purposes; should be held by a joint body, consisting of representatives of that authority and of any other local authority, non-mayoral combined authority or non-mayoral CCA, he may by order provide for the establishment of such a joint body and for the transfer to that body of the land so acquired.
Any order under this section providing for the establishment of a joint body may make such provision as the Secretary of State considers expedient with respect to the constitution and functions of that body.
The provisions which may be included under subsection (2) include provisions—
for incorporating the joint body;
for conferring on them, in relation to land transferred to them as mentioned in subsection (1), any of the powers conferred on local authorities by this Part or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 in relation to land acquired and held by such authorities for the purposes of this Part or that Chapter;
for determining the manner in which their expenses are to be defrayed.
Regulations under this Act may make such provision consequential upon or supplementary to the provisions of this section as appears to the Secretary of State to be necessary or expedient.
A joint planning board . . . shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section.
Such a board shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection.
Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 apply with the necessary modifications as if any such board were a local authority to which those sections applied.
On being authorised to do so by the Secretary of State such a board shall have, for any purpose for which by virtue of this section they may acquire land compulsorily, the power which section 13 of the Local Government (Miscellaneous Provisions) Act 1976 confers on the local authorities to whom subsection (1) of that section applies to purchase compulsorily rights over land not in existence when their compulsory purchase is authorised, and subsections (2) to (5) of that section shall accordingly apply to the purchase of rights under this subsection as they apply to the purchase of rights under subsection (1) of that section.
Where— the confirming authority or, as the case may be, that Secretary of State may disregard for the purposes of that Part or, as the case may be, that Schedule any objection to the order or draft which, in the opinion of that authority or Secretary of State, amounts in substance to an objection to the provisions of the development plan defining the proposed use of that or any other land.
it is proposed that land should be acquired compulsorily under section 226 or 228, and
a compulsory purchase order relating to that land is submitted to the confirming authority in accordance with Part II of the Acquisition of Land Act 1981 or, as the case may be, is made in draft by the Secretary of State for Housing, Communities and Local Government in accordance with Schedule 1 to that Act,
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is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised in it; but
has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land,
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In construing the Compulsory Purchase Act 1965 in relation to any of the provisions of this Part—
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in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 10 of that Act to the acquiring authority shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; and
references to the execution of the works shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.
A National Park authority shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 226 applies have under that section.
A National Park authority shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 227 have under that subsection.
Sections 226(1) and (7), 227, 229, 230, 232, 233 and 235 to 242 shall apply with the necessary modifications as if a National Park authority were a local authority to which those sections applied and as if the Park in relation to which it carries out functions were the authority’s area.
In this Part—
any reference to the acquisition of land for planning purposes is a reference to the acquisition of it under section 226 or 227 of this Act or section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 136 of the Historic Environment (Wales) Act 2023 (or, as the case may be, under section 112 or 119 of the 1971 Act or section 68 or 71 of the 1962 Act); and
any reference to the appropriation of land for planning purposes is a reference to the appropriation of it for purposes for which land can be (or, as the case may be, could have been) acquired under those sections.
Nothing in sections 238 to 241 shall be construed as authorising any act or omission on the part of a local authority , a combined authority or CCA or body corporate in contravention of any limitation imposed by law on their capacity by virtue of their constitution.
Any power conferred by section 238, 239 or 241 to use land in a manner mentioned in those sections shall be construed as a power so to use the land, whether or not it involves the erection, construction or carrying out of any building or work or the maintenance of any building or work.
The Secretary of State may by order authorise the stopping up or diversion of any highway outside Greater London if he is satisfied that it is necessary to do so in order to enable development to be carried out—
in accordance with planning permission granted under Part III or section 293A Parts 3 or 13, or
by a government department.
Such an order may make such provision as appears to the Secretary of State to be necessary or expedient for the provision or improvement of any other highway outside Greater London.
An order under subsection (1) or (2A) may direct—
that any highway provided or improved by virtue of it shall for the purposes of the Highways Act 1980 be a highway maintainable at the public expense;
that the Secretary of State, a strategic highways company, or any county council, county borough council, metropolitan district council or London borough council specified in the order or, if it is so specified, the Common Council of the City of London, shall be the highway authority for that highway;
in the case of a highway for which the Secretary of State or a strategic highways company is to be the highway authority, that the highway shall, on such date as may be specified in the order, become a trunk road within the meaning of the Highways Act 1980.
The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is satisfied that it is necessary to do so in order to enable development to be carried out—
in accordance with planning permission granted under Part III or Part 13, or
by a government department.
Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.
An order made under this section may contain such incidental and consequential provisions as appear to the Secretary of State or the council of the London borough to be necessary or expedient, including in particular—
provision for authorising the Secretary of State or the council of the London borough, or requiring any other authority or person specified in the order—
to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is attributable to the doing of any such work; or
to repay, or to make contributions in respect of, any compensation paid by the highway authority in respect of restrictions imposed under section 1 or 2 of the Restriction of Ribbon Development Act 1935 in relation to any highway stopped up or diverted under the order;
provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.
An order may be made under this section authorising the stopping up or diversion of any highway which is temporarily stopped up or diverted under any other enactment.
The provisions of this section shall have effect without prejudice to—
any power conferred on the Secretary of State or a London borough by any other enactment to authorise the stopping up or diversion of a highway;
the provisions of Part VI of the Acquisition of Land Act 1981; or
the provisions of section 251(1).
An order under subsection (2A) may not provide that— shall be the highway authority for a highway unless the Secretary of State, the strategic highways company, Transport for London or the council, as the case may be, so consents.
the Secretary of State,
a strategic highways company,
Transport for London, or
a London borough other than the one whose council is making the order,
This section applies where—
planning permission is granted under Part III or, in relation to England, Part 13 for constructing or improving, or the Secretary of State or a strategic highways company proposes to construct or improve, a highway (“the main highway”); and
another highway crosses or enters the route of the main highway or is, or will be, otherwise affected by the construction or improvement of the main highway.
Where this section applies and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is outside Greater London, if it appears to the Secretary of State expedient to do so— he may by order authorise the stopping up or diversion of the other highway.
in the interests of the safety of users of the main highway; or
to facilitate the movement of traffic on the main highway,
Subsections (2) and (2B) to (6) of section 247 shall apply to an order under this section as they apply to an order under that section, taking the reference in subsections (2) and (2B) of that section to any other highway as a reference to any highway other than that which is stopped up or diverted under this section and the references in subsection (3) to a highway provided or improved by virtue of an order under that section as including a reference to the main highway.
Where this section applies and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is within a London borough, if it appears to the council of that borough expedient to do so— it may by order authorise the stopping up or diversion of the other highway.
in the interests of the safety of users of the main highway; or
to facilitate the movement of traffic on the main highway,
This section applies where—
a local planning authority by resolution adopt a proposal for improving the amenity of part of their area, and
the proposal involves the public ceasing to have any right of way with vehicles over a highway in that area, being a highway which is neither a trunk road , a GLA road nor a road classified as a principal road.
Where the public is to cease to have such a right of way at a place outside Greater London, the Secretary of State may, on an application by a local planning authority who have so resolved, by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.
An order under subsection (2) or (2A) may include such provision as the Secretary of State or, as the case may be, the council of the London borough (after consultation with every authority who are a local planning authority for the area in question and the highway authority) thinks fit for permitting the use on the highway of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection.
Where— the council of that borough may by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.
the public is to cease to have such a right of way at a place within a London borough, and
the conditions mentioned in subsection (2B)(a) or (b) are satisfied,
The conditions are that—
the council is a local planning authority for the place where the right of way is to cease and it resolves that the right should be extinguished, or
another authority is a local planning authority for that place and, having resolved to do so, it applies to the council of the borough for the right to be extinguished.
Such provision as is mentioned in subsection (3) may be framed by reference to—
particular descriptions of vehicles, or
particular persons by whom, or on whose authority, vehicles may be used, or
the circumstances in which, or the times at which, vehicles may be used for particular purposes.
No provision contained in, or having effect under, any enactment, being a provision prohibiting or restricting the use of footpaths, footways or bridleways shall affect any use of a vehicle on a highway in relation to which an order under subsection (2) or (2A) has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3).
If any authority who are a local planning authority for the area in which a highway to which an order under subsection (2) or (2A) relates is situated apply to the Secretary of State or, as the case may be, the council of the borough in that behalf, the Secretary of State or council may by order revoke that order, and, if the order is revoked, any right to use vehicles on the highway in relation to which the order was made which was extinguished by virtue of the order under that subsection shall be reinstated.
Such an order as is mentioned in subsection (6) may make provision requiring the removal of any obstruction of a highway resulting from the exercise of powers under Part VIIA of the Highways Act 1980 or sections 1 to 9 of the Business and Planning Act 2020.
Before making an application under subsection (2) , (2A) or (6) the local planning authority shall consult with the highway authority (if different) and any other authority who are a local planning authority for the area in question.
Subsections (2) , (2B), (3), (4) and (6) of section 247 shall apply to an order under this section as they apply to an order under that section.
Any person who, at the time of an order under section 249(2) , (2B) coming into force, has an interest in land having lawful access to a highway to which the order relates shall be entitled to be compensated by the local planning authority on whose application the order was made in respect of—
any depreciation in the value of his interest which is directly attributable to the order; and
any other loss or damage which is so attributable.
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A claim for compensation under this section shall be made to the local planning authority on whose application the order was made within the prescribed time and in the prescribed manner.
For the purpose of assessing any such compensation the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
Where an interest in land is subject to a mortgage—
any compensation to which this section applies which is payable in respect of depreciation of the value of that interest shall be assessed as if the interest were not subject to the mortgage;
a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;
no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and
any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee (or, if there is more than one mortgagee, to the first mortgagee) and shall in either case be applied by him as if it were proceeds of sale.
Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this section shall be referred to and determined by the Upper Tribunal.
In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.
Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, the Secretary of State may by order extinguish any public right of way over the land if he is satisfied—
that an alternative right of way has been or will be provided; or
that the provision of an alternative right of way is not required.
In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.
Subsection (1) shall also apply (with the substitution of a reference to the Broads Authority for the reference to the local authority) in relation to any land within the Broads which is held by the Broads Authority and which was acquired by, or vested in, the Authority for any purpose connected with the discharge of any of its functions.
Before making an order under section 247, 248, 249 or 251 the Secretary of State or, as the case may be, the council of a London borough shall publish in at least one local newspaper circulating in the relevant area, and in the London Gazette, a notice—
stating the general effect of the order;
specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice (“the publication date”); and
stating that any person may within that period by notice to the Secretary of State or, as the case may be, the council of the London borough object to the making of the order.
Not later than the publication date, the Secretary of State or, as the case may be, the council of the London borough shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan—
on every local authority in whose area any highway or, as the case may be, any land to which the order relates is situated, and
on any water, sewerage, hydraulic power or electricity undertakers or public gas transporter having any cables, mains, sewers, pipes or wires laid along, across, under or over any highway to be stopped up or diverted, or, as the case may be, any land over which a right of way is proposed to be extinguished, under the order.
on any National Park authority which is the local planning authority for the area in which any highway or, as the case may be, any land to which the order relates is situated, and
Not later than the publication date, the Secretary of State or, as the case may be, the council of the London borough shall also cause a copy of the notice to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted or, as the case may be, of the right of way proposed to be extinguished under the order.
If before the end of the period of 28 days mentioned in subsection (1)(b) an objection is received by the Secretary of State or, as the case may be, the council of the London borough, from any local authority National Park authority or undertakers or public gas transporter on whom a notice is required to be served under subsection (2), or from any other person appearing to to the Secretary of State or, as the case may be, the council to be affected by the order, and the objection is not withdrawn, then
in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or
in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies.
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If, in a case where the Secretary of State is proposing to make an order and the objection is made by a person other than such a local authority or undertakers or transporter, the Secretary of State is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary he may dispense with the inquiry.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply in relation to an inquiry caused to be held by the Secretary of State or the council of a London borough under subsection (4).
Where publication of the notice mentioned in subsection (1) takes place on more than one day, the references in this section to the publication date are references to the latest date on which it is published.
In a case where— the Mayor of London shall decide whether, in the special circumstances of the case, the holding of such an inquiry is unnecessary, and if he decides that it is unnecessary he shall so notify the council which may dispense with the inquiry.
the council of a London borough is proposing to make the order,
the council has under subsection (4)(b) notified the Mayor of London of the objections, and
none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection,
Where the Secretary of State is proposing to make an order, after considering any objections to the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may, subject to subsection (9), make the order either without modification or subject to such modifications as he thinks fit.
Where— the order shall be subject to special parliamentary procedure.
the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 247(4)(a); and
objection to that provision is duly made by an authority or person who would be required by it to make such a payment, repayment or contribution; and
the objection is not withdrawn,
In their application to an inquiry caused to be held by the council of a London borough—
subsection (4) of section 250 of the Local Government Act 1972 shall be treated as if—
for the reference to a Minister there were substituted a reference to the council of a London borough,
for the reference to him there were substituted a reference to the council,
for the reference to he there were substituted a reference to the council acting with the consent of the Mayor of London, and
for the references to the Minister there were substituted references to the council of the London borough, and
subsection (5) of that section shall be treated as if—
for the reference to the Minister there were substituted a reference to the council of a London borough, and
the power to make an order as to the costs of parties were subject to a requirement to act with the consent of the Mayor of London.
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Immediately after the order has been made, the Secretary of State or, as the case may be, the council of the London borough shall publish, in the manner specified in subsection (1), a notice stating that the order has been made and naming a place where a copy of the order may be seen at all reasonable hours.
Subsections (2), (3) and (7) shall have effect in relation to a notice under subsection (10) as they have effect in relation to a notice under subsection (1).
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Where the council of a London borough is proposing to make an order, after—
considering any objections to the order which are not withdrawn, and
where a local inquiry is held— the council may, subject to subsection (9), make the order either without modification or subject to such modification as it thinks fit.
considering the report of the person who held the inquiry, and
obtaining the consent of the Mayor of London to the making of the order,
Nothing in subsection (2) shall require the council of a London borough to serve anything on itself.
Where— then, notwithstanding that such permission has not been granted, the Secretary of State or, as the case may be, the council of the London borough may publish notice of the draft of such an order in accordance with section 252.
the Secretary of State or the council of a London borough would, if planning permission for any development had been granted ..., have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, ...
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This subsection applies where the relevant development is the subject of an application for planning permission and either—
that application is made by a local authority National Park authority or statutory undertakers . . .; or
that application stands referred to the Welsh Ministers in pursuance of a direction under section 77; or
that application has been made to the Welsh Ministers under section ... 62M or 62O; or
the applicant has appealed to the Welsh Ministers under section 78 against a refusal of planning permission or of approval required under a development order or a local development order or against a condition of any such permission or approval.
Where— then, notwithstanding that such permission has not been granted, the Welsh Ministers may publish notice of the draft of such an order in accordance with section 252.
the Welsh Ministers would, if planning permission for any development had been granted under Part 3, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, and
subsection (2), (3) or (4) applies,
This subsection applies where—
the relevant development is to be carried out by a local authority National Park authority or statutory undertakers and requires, by virtue of an enactment, the authorisation of a government department; and
the developers have made an application to the department for that authorisation and also requested a direction under section 90(1) that planning permission be deemed to be granted for that development.
This subsection applies where the council of a county or county borough, a National Park authority or a joint planning board certify that they have begun to take such steps, in accordance with regulations made by virtue of section 316, as are required to enable them to obtain planning permission for the relevant development.
Section 252(8) shall not be construed as authorising the Secretary of State , the council of a London borough or the Welsh Ministers to make an order under section 247 or 248 of which notice has been published by virtue of subsection (1) or, as the case may be, (1A) until planning permission is granted for the development which occasions the making of the order.
The Secretary of State, or a local highway authority or a strategic highways company on being authorised by the Secretary of State to do so, may acquire land compulsorily—
for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 247, 248 or 249 or for any other purpose for which land is required in connection with the order; or
for the purpose of providing any public right of way which is to be provided as an alternative to a right of way extinguished under an order under section 251.
The Acquisition of Land Act 1981 shall apply to the acquisition of land under this section.
In relation to orders under sections 247, 248 and 249, regulations made under this Act may make provision for securing that any proceedings required to be taken for the purposes of the acquisition of land under section 254 (as mentioned in subsection (1)(a) of that section) may be taken concurrently with any proceedings required to be taken for the purposes of the order.
In relation to orders under section 251, regulations made under this Act may make provision for securing—
that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished; or
that any proceedings required to be taken for the purposes of the acquisition of any other land under section 254 (as mentioned in subsection (1)(b) of that section) may be taken concurrently with either or both of the proceedings referred to in paragraph (a).
Where— the operator of that network shall have the same powers in respect of the apparatus as if the order had not come into force.
in pursuance of an order under section 247, 248 or 249 a highway is stopped up or diverted or, as the case may be, any right to use vehicles on that highway is extinguished; and
immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any electronic communications apparatus kept installed for the purposes of an electronic communications code network,
Notwithstanding subsection (1), any person entitled to land over which the highway subsisted shall be entitled to require the alteration of the apparatus.
Where—
any such order provides for the improvement of a highway for which the Secretary of State is not the highway authority, and
immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any electronic communications apparatus kept installed for the purposes of an electronic communications code network ,the ... highway authority shall be entitled to require the alteration of the apparatus.
Subsection (3) does not have effect so far as it relates to the alteration of any apparatus for the purpose of major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991.
Paragraph 108(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for the purposes of that code.
Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any electronic communications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.
Subject to section 259, a competent authority may by order authorise the stopping up or diversion of any footpath , bridleway or restricted byway if they are satisfied that it is necessary to do so in order to enable development to be carried out—
in accordance with planning permission granted under Part III or section 293A Parts 3 or 13, or
by a government department.
An order under this section may, if the competent authority are satisfied that it should do so, provide—
for the creation of an alternative highway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing highway for such use;
for authorising or requiring works to be carried out in relation to any footpath , bridleway or restricted byway for whose stopping up or diversion, creation or improvement provision is made by the order;
for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath , bridleway or restricted byway;
for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.
Subject to section 259, a competent authority may by order authorise the stopping up or diversion ... of any footpath, bridleway or restricted byway if they are satisfied that—
an application for planning permission in respect of development has been made under Part 3, and
if the application were granted it would be necessary to authorise the stopping up or diversion in order to enable the development to be carried out.
An order may be made under this section authorising the stopping up or diversion of a footpath , bridleway or restricted byway which is temporarily stopped up or diverted under any other enactment.
In this section “competent authority” means—
in the case of development authorised by a planning permission, the local planning authority who granted the permission or, in the case of a permission granted by the Secretary of State or by the Welsh Ministers, who would have had power to grant it; ...
in the case of development carried out by a government department, the local planning authority who would have had power to grant planning permission on an application in respect of the development in question if such an application had fallen to be made.
in the case of development in respect of which an application for planning permission has been made under Part 3, the local planning authority to whom the application has been made or, in the case of an application made to the Secretary of State under section 62A or to the Welsh Ministers under section ... 62M or 62O, the local planning authority to whom the application would otherwise have been made.
Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, then, subject to section 259, the local authority may by order extinguish any public right of way over the land, being a footpath , bridleway or restricted byway , if they are satisfied—
that an alternative right of way has been or will be provided; or
that the provision of an alternative right of way is not required.
In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.
Subsection (1) shall also apply (with the substitution of a reference to the Broads Authority for the reference to the local authority) in relation to any land within the Broads which is held by the Broads Authority and which was acquired by, or vested in, the Authority for any purpose connected with the discharge of any of its functions.
An order made under section 257 or 258 shall not take effect unless confirmed by the appropriate national authority or unless confirmed, as an unopposed order, by the authority who made it.
The appropriate national authority shall not confirm any order under section 257(1) or 258 unless satisfied as to every matter as to which the authority making the order are required under section 257 or, as the case may be, section 258 to be satisfied.
An order under section 257(1A) may not be confirmed unless the appropriate national authority or (as the case may be) the authority is satisfied—
that planning permission in respect of the development has been granted, and
it is necessary to authorise the stopping up or diversion in order to enable the development to be carried out in accordance with the permission.
The time specified— shall not be earlier than confirmation of the order.
in an order under section 257 as the time from which a footpath , bridleway or restricted byway is to be stopped up or diverted; or
in an order under section 258 as the time from which a right of way is to be extinguished,
Schedule 14 shall have effect with respect to the confirmation of orders under section 257 or 258 and the publicity for such orders after they are confirmed.
The appropriate national authority, for the purposes of this section, is—
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers.
This section applies where— and at the time of the publication of the notice required by section 252(1) or, as the case may be, paragraph 1 of Schedule 14 any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted.
any order is made by a local authority under section 258(1), or on the application of a local authority under section 251(1), which extinguishes a public right of way; or
any order is made by a competent authority under section 257 which authorises the stopping up or diversion of a footpath , bridleway or restricted byway,
In subsection (1) “competent authority” has the same meaning as in section 257 and in the following provisions of this section references to the authority are to the authority who made the order or, as the case may be, to the authority on whose application it was made.
The power of the operator of the electronic communications code network to remove the apparatus—
shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished or authorised to be stopped up or diverted; and
if before the end of that period the operator of the network has given notice to the authority of his intention to remove the apparatus or a part of it, shall be exercisable in respect of the whole or, as the case may be, that part of the apparatus after the end of that period.
The operator of the network may by notice given in that behalf to the authority not later than the end of that period abandon the electronic communications apparatus or any part of it.
Subject to subsection (4), the operator of the network shall be deemed at the end of that period to have abandoned any part of the apparatus which the operator has then neither removed nor given notice of his intention to remove.
The operator of the network shall be entitled to recover from the authority the expense of providing, in substitution for the apparatus and any other electronic communications apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any electronic communications apparatus in such other place as the operator may require.
Where under the previous provisions of this section the operator of the network has abandoned the whole or any part of any electronic communications apparatus , that apparatus or that part of it shall vest in the authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network .
As soon as reasonably practicable after the making of any such order as is mentioned in paragraph (a) or (b) of subsection (1) in circumstances in which that subsection applies in relation to the operator of an electronic communications code network , the person by whom the order was made shall give notice to the operator of the making of the order.
Subsections (5) and (6) of section 256 apply for the purposes of this section as they apply for the purposes of that section.
Where the Secretary of State or the council of a London borough is satisfied— the order may provide for the stopping up or diversion of the highway during such period as may be prescribed by or under the order and for its restoration at the expiration of that period.
that an order made by him or, as the case may be, the council under section 247 for the stopping up or diversion of a highway is required for the purpose of enabling minerals to be worked by surface working; and
that the highway can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public,
Where a competent authority within the meaning of section 257 are satisfied— the order may provide for the stopping up or diversion of the footpath , bridleway or restricted byway during such period as may be prescribed by or under the order and for its restoration at the expiration of that period.
that an order made by them under that section for the stopping up or diversion of a footpath , bridleway or restricted byway is required for the purpose of enabling minerals to be worked by surface working; and
that the footpath , bridleway or restricted byway can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public,
Without prejudice to the provisions of section 247 or 257, any such order as is authorised by subsection (1) or (2) may contain such provisions as appear to the Secretary of State , the council of the London borough or the competent authority (as the case may be) to be expedient— and any provision included in the order in accordance with subsection (4) of section 247 or subsection (2) of section 257 requiring payment to be made in respect of any cost or expenditure under the order may provide for the payment of a capital sum in respect of the estimated amount of that cost or expenditure.
for imposing upon persons who, apart from the order, would be subject to any liability with respect to the repair of the original highway during the period prescribed by or under the order a corresponding liability in respect of any highway provided in pursuance of the order;
for the stopping up at the expiry of that period of any highway so provided and for the reconstruction and maintenance of the original highway;
In relation to any highway which is stopped up or diverted by virtue of an order under section 247 or 248, sections 271 and 272 shall have effect— and sections 275 to 278 shall have effect accordingly.
as if for references to land which has been acquired as there mentioned and to the acquiring or appropriating authority there were substituted respectively references to land over which the highway subsisted and to the person entitled to possession of that land; and
as if references in subsection (5) of each of those sections to a local authority or statutory undertakers included references to any person (other than a Minister) who is entitled to possession of that land,
Subsection (4) shall not apply to land constituting the site of a highway in respect of which opencast planning permission (within the meaning of section 51 of the Opencast Coal Act 1958) has been granted.
Subject to the following provisions of this section, in this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power and a relevant airport operator (within the meaning of Part V of the Airports Act 1986).
Subject to the following provisions of this section, in this Act “statutory undertaking” shall be construed in accordance with subsection (1) and, in relation to a relevant airport operator (within the meaning of that Part), means an airport to which that Part of that Act applies.
Subject to subsections (5) to (5B), for the purposes of the provisions mentioned in subsection (4) any public gas transporter, water or sewerage undertaker, the Environment Agency, the Natural Resources Body for Wales, any universal postal service provider in connection with the provision of a universal postal service , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) shall be deemed to be statutory undertakers and their undertakings statutory undertakings.
The provisions referred to in subsection (3) are sections 55, 90, 101, 108(3), . . ., 139 to 141, 143, 148, 170(12)(b), 236(2)(a), 237 to 241, 245, 247(4)(b), 253, 257(2), 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9), 336(2) and (3), paragraph 18 of Schedule 1 and Schedules 8, 13 and 14.
Subsection (4) shall apply—
as respects a universal postal service provider in connection with the provision of a universal postal service, as if the reference to sections 55, 247(4)(b), 253 and 257(2) were omitted; and
as respects a universal postal service provider in connection with the provision of a universal postal service , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) as if—
the references to sections 245, 263(1) and (2) and 336(2) and (3) were omitted; and
after the words “ 266 to 283” there were inserted the words “ (except section 271 as applied by section 13 of the Opencast Coal Act 1958) ”.
Any holder of a licence under section 6 of the Electricity Act 1989 shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking—
for the purposes of the provisions mentioned in subsection (7)(a), if he holds a licence under subsection (1) of that section;
for the purposes of the provisions mentioned in subsection (7)(b), if he is entitled to exercise any power conferred by Schedule 3 to that Act; and
for the purposes of the provisions mentioned in subsection (7)(c), if he is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.
For the purposes of this Act
a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;
the person's undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person's undertaking as licence holder.
The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.
The provisions referred to in subsection (6) are—
sections 55, 108(3), . . ., 139 to 141, 143, 148, 236(2)(a), 237, 245, 253, 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9) and 336(2) and (3), paragraph 18 of Schedule 1 and Schedule 13;
sections 170(12)(b) and 238 to 241; and
sections 247(4) and 257(2) and Schedule 14.
Subject to the following provisions of this section and to section 264, in this Act “operational land” means, in relation to statutory undertakers—
land which is used for the purpose of carrying on their undertaking; and
land in which an interest is held for that purpose.
Paragraphs (a) and (b) of subsection (1) do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.
In sections 108(3), . . ., 266 to 283 and Part II of Schedule 8 “operational land”, in relation to a universal postal service provider and the Civil Aviation Authority, means land of the provider’s or, as the case may be, of the Authority’s of any such class as may be prescribed by regulations.
Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.
Subject to section 264, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—
which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or
in which the licence holder, or a company associated with it, holds an interest for that purpose.
Such regulations—
shall be made—
in the case of a universal postal service provider, by the appropriate Minister and the Secretary of State acting jointly; and
in the case of the Civil Aviation Authority, by the appropriate Minister;
may define a class of land by reference to any circumstances whatsoever, and
in the case of the Civil Aviation Authority, may make provision for different circumstances, including prescribing different classes of land for the purposes of different provisions.
If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.
Subsection (1) does not apply in relation to a universal postal service provider.
Subject to subsections (3) and (4) and section 264, in this Act “operational land” means, in relation to a universal postal service provider, land—
which is used by the provider, or by a company associated with him, for any purpose in connection with the provision of a universal postal service, or
in which the provider, or a company associated with him, holds an interest for any such purpose.
This section applies where an interest in land is held by statutory undertakers for the purpose of carrying on their undertaking and—
the interest was acquired by them on or after 6th December 1968; or
it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the 1962 Act.
Where this section applies in respect of any land then, notwithstanding the provisions of section 263, the land shall not be treated as operational land for the purposes of this Act unless it falls within subsection (3) or (4).
Land falls within this subsection if—
there is, or at some time has been, in force with respect to it a specific planning permission for its development; and
that development, if carried out, would involve or have involved its use for the purpose of the carrying on of the statutory undertakers’ undertaking.
Land falls within this subsection if—
the undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of the Transport Act 1968, the Transport (London) Act 1969, the Gas Act 1986, the Airports Act 1986 the Water Act 1989 or the Water Industry Act 1991 or, in the case of land held by Canal & River Trust, the Public Bodies Act 2011 from other statutory undertakers; and
immediately before transfer the land was operational land of those other undertakers.
A specific planning permission for the purpose of subsection (3)(a) is a planning permission—
granted on an application in that behalf made under Part III or, in relation to England, Part 13; or
granted by provisions of a development order ... granting planning permission generally for development which has received specific parliamentary approval; or
granted by a special development order in respect of development specifically described in the order;
deemed to be granted by virtue of a direction of a government department under section 90(1).
granted by a local development order or a neighbourhood development order; or
For the purposes of this section an interest in land acquired by Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999) under or by virtue of that Act shall be taken to have been acquired by Transport for London or that subsidiary at the time and in the manner in which it was acquired by the relevant predecessor.
In subsection (4A) “relevant predecessor” means London Regional Transport or such other predecessor in title of Transport for London or the subsidiary of Transport for London as last acquired the interest in question—
as the result of such a transfer as is mentioned in paragraph (a) of subsection (4); and
in such circumstances as are mentioned in paragraph (b) of that subsection.
In subsection (5)—
the reference in paragraph (a) to Part III includes a reference to Part III of the 1971 Act and the enactments in force before the commencement of that Act and replaced by Part III of it; and
the reference in paragraph (b) to development which has received specific parliamentary approval is a reference to development authorised— being an Act or order which designates specifically both the nature of the development authorised by it and the land upon which it may be carried out;
by a local or private Act of Parliament,
by an order approved by both Houses of Parliament; or
by an order which has been brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Act 1945,
the reference in paragraph (d) to section 90(1) includes a reference to section 40 of the 1971 Act, section 41 of the 1962 Act and section 35 of the 1947 Act.
This section shall not apply to land in the case of which an interest of the Postmaster General’s vested in the Post Office by virtue of section 16 of the Post Office Act 1969.
Where an interest in land is held by — this section shall not apply for the purpose of determining whether the land is operational land in relation to the Authority or the licence holder for the purposes of this act.
the Civil Aviation Authority, or
a person who holds a licence under Chapter I of Part I of the Transport Act 2000 or a company associated with that person,
Subject to the following provisions of this section, in this Act “the appropriate Minister” means—
in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority or a relevant airport operator (within the meaning of Part V of the Airports Act 1986), the Secretary of State for Transport;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority, a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000, or a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986), the Secretary of State for Transport;
in relation to statutory undertakers carrying on an undertaking for the supply of hydraulic power, the Secretary of State for Trade and Industry;
in relation to a universal postal service provider, the Secretary of State for Trade and Industry; and
in relation to any other statutory undertakers, the Secretary of State for Housing, Communities and Local Government.
For the purposes of sections 170(12), 266 to 280, 325(9) and 336(2) and (3) and Part II of Schedule 8, “the appropriate Minister”, in relation to a public gas transporter or a holder of a licence under section 6 of the Electricity Act 1989, means the Secretary of State for Trade and Industry.
For the purposes of sections 170(12), 266 to 280, 325(9) and 336(2) and (3) and Part II of Schedule 8 and Schedule 14 “the appropriate Minister”—
in relation to the National Rivers Authority, means the Secretary of State or the Minister of Agriculture, Fisheries and Food; ...
in relation to a water or sewerage undertaker, means the Secretary of State.
in relation to the Natural Resources Body for Wales, means the Secretary of State or the Secretary of State for Environment, Food and Rural Affairs; and
References in this Act to the Secretary of State and the appropriate Minister— and similarly with references to a Minister and the appropriate Minister and with any provision requiring the Secretary of State to act jointly with the appropriate Minister.
if the appropriate Minister is not the one concerned as the Secretary of State, shall be construed as references to the Secretary of State and the appropriate Minister; and
if the one concerned as the Secretary of State is also the appropriate Minister, shall be construed as references to him alone,
Where— the application or appeal shall be dealt with by the Secretary of State and the appropriate Minister.
an application for planning permission to develop land to which this subsection applies is made by statutory undertakers and is referred to the Secretary of State under Part III; or
an appeal is made to the Secretary of State under that Part from the decision on such an application; or
such an application is deemed to be made under subsection (5) of section 177 on an appeal under section 174 by statutory undertakers,
Subsection (1) applies—
to operational land; and
to land in which the statutory undertakers hold or propose to acquire an interest with a view to its being used for the purpose of carrying on their undertaking, where the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.
Subsection (1) has effect in relation to an application or appeal relating to land in England only if the Secretary of State or the appropriate Minister has given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked).
Subsection (1) has effect in relation to an application or appeal relating to land in Wales only if the Welsh Ministers or the appropriate Minister have given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to the provisions of this Part as to compensation, the provisions of this Act shall apply to an application which is dealt with under this section by the Secretary of State and the appropriate Minister as if it had been dealt with by the Secretary of State.
Subsection (2)(b) shall have effect in relation to the Civil Aviation Authority as if for the reference to development involving the use of land for the purpose of carrying on the Civil Aviation Authority’s undertaking there were substituted a reference to development involving the use of land for such of the purposes of carrying on that undertaking as may be prescribed by the appropriate Minister.
Notwithstanding anything in Part III, planning permission to develop operational land of statutory undertakers shall not, except with their consent, be granted subject to conditions requiring— at the end of a specified period.
that any buildings or works authorised by the permission shall be removed, or
that any use of the land so authorised shall be discontinued,
The Secretary of State and the appropriate Minister shall not be required under section 266(1) to deal with an application for planning permission for the development of operational land if the authorisation of a government department is required in respect of that development.
Subsection (1) does not apply where the relevant authorisation has been granted without any direction as to the grant of planning permission.
For the purposes of this section development shall be taken to be authorised by a government department if— and references in this section to the authorisation of a government department shall be construed accordingly.
any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;
a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;
consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;
authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or
any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,
In relation to any planning permission granted on the application of statutory undertakers for the development of operational land, the provisions of Part III with respect to the revocation and modification of planning permission shall have effect as if for any reference in them to the Secretary of State there were substituted a reference to the Secretary of State and the appropriate Minister.
The provisions of Part III with respect to the making of orders— and the provisions of Schedule 9 with respect to the making of orders under that Schedule shall have effect in relation to operational land of statutory undertakers as if for any reference in them to the Secretary of State there were substituted a reference to the Secretary of State and the appropriate Minister.
requiring the discontinuance of any use of land;
imposing conditions on the continuance of it; or
requiring buildings or works on land to be altered or removed,
This section applies where any land has been acquired by a Minister, a relevant authority or statutory undertakers under Part IX of this Act or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment or has been appropriated by a relevant authority for planning purposes, and—
there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land; or
there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.
If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the statutory undertakers a notice—
stating that at the end of the relevant period the right will be extinguished; or
requiring that before the end of that period the apparatus shall be removed.
The statutory undertakers on whom a notice is served under subsection (2) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—
stating that they object to all or any of the provisions of the notice; and
specifying the grounds of their objection.
If no counter-notice is served under subsection (3)—
any right to which the notice relates shall be extinguished at the end of the relevant period; and
if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.
If a counter-notice is served under subsection (3) on a relevant authority or on statutory undertakers, the authority or undertakers may either—
withdraw the notice (without prejudice to the service of a further notice); or
apply to the Secretary of State and the appropriate Minister for an order under this section embodying the provisions of the notice, with or without modification.
If a counter-notice is served under subsection (3) on a Minister—
he may withdraw the notice (without prejudice to the service of a further notice); or
he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification.
In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.
For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.
In this section “relevant authority” means—
a local authority, or
a non-mayoral combined authority or non-mayoral CCA.
This section applies where any land has been acquired by a Minister, a relevant authority or statutory undertakers under Part IX of this Act or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment or has been appropriated by a relevant authority for planning purposes, and—
there subsists over that land a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land; or
there is on, under or over the land electronic communications apparatus kept installed for the purposes of any such network.
If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the operator of the electronic communications code network a notice—
stating that at the end of the relevant period the right will be extinguished; or
requiring that before the end of that period the apparatus shall be removed.
The operator of the electronic communications code network on whom a notice is served under subsection (2) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—
stating that he objects to all or any of the provisions of the notice; and
specifying the grounds of his objection.
If no counter-notice is served under subsection (3)—
any right to which the notice relates shall be extinguished at the end of the relevant period; and
if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.
If a counter-notice is served under subsection (3) on a relevant authority or on statutory undertakers, the authority or undertakers may either—
withdraw the notice (without prejudice to the service of a further notice); or
apply to the Secretary of State and the Secretary of State for Trade and Industry for an order under this section embodying the provisions of the notice, with or without modification.
If a counter-notice is served under subsection (3) on a Minister—
he may withdraw the notice (without prejudice to the service of a further notice); or
he and the Secretary of State for Trade and Industry may make an order under this section embodying the provisions of the notice, with or without modification.
In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.
For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.
In this section “relevant authority” means—
a local authority, or
a non-mayoral combined authority or non-mayoral CCA.
Subject to the provisions of this section, where land has been acquired or appropriated as mentioned in section 271(1), and— the undertakers may serve on the acquiring or appropriating authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.
there is on, under or over the land any apparatus vested in or belonging to statutory undertakers; and
the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,
No notice under this section shall be served later than 21 days after the beginning of the development of land which has been acquired or appropriated as mentioned in section 271(1).
Where a notice is served under this section, the authority on whom it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice—
specifying the grounds of their objection.
If no counter-notice is served under subsection (3), the statutory undertakers shall, after the end of that period, have the rights claimed in their notice.
If a counter-notice is served under subsection (3), the statutory undertakers who served the notice under this section may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this section conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.
Where, by virtue of this section or of an order of Ministers under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the acquiring or appropriating authority for the works to be carried out by that authority, under the superintendence of the undertakers, instead of by the undertakers themselves.
In subsection (1)(a), the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network .
For the purposes of subsection (7), in this section—
references (except in subsection (1)(a)) to statutory undertakers shall have effect as references to the operator of any such network ; and
references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.
Where a Minister and the appropriate Minister propose to make an order under section 271(6) or 272(6), they shall prepare a draft of the order.
Before making an order under subsection (5) or (6) of section 271, or under subsection (5) or (6) of section 272, the Ministers proposing to make the order shall give the statutory undertakers or, as the case may be, the operator of the the electronic communications code network on whom notice was served under subsection (2) of section 271 or, as the case may be, under subsection (2) of section 272 an opportunity of objecting to the application for, or proposal to make, the order.
If any such objection is made, before making the order the Ministers shall consider the objection and give those statutory undertakers or, as the case may be, that operator (and, in a case falling within subsection (5) of either of those sections, the relevant authority or statutory undertakers on whom the counter-notice was served) an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and the appropriate Minister.
After complying with subsections (2) and (3) the Ministers may, if they think fit, make the order in accordance with the application or, as the case may be, in accordance with the draft order, either with or without modification.
Where an order is made under section 271 or 272—
any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and
if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.
In this section references to the appropriate Minister shall in the case of an order under section 272 be taken as references to the Secretary of State for Trade and Industry.
The powers conferred by this section shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—
to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a relevant authority or Minister may be authorised under Part IX of this Act or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 to acquire land or in connection with which any such person may compulsorily acquire land under any other enactment; or
to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2).
The said acts and events are—
the acquisition under Part IX of this Act or either of those Chapters or compulsorily under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;
the extinguishment of a right or the imposition of any requirement by virtue of section 271 or 272;
a decision on an application made by the statutory undertakers for planning permission to develop any such land as is mentioned in paragraph (a);
the revocation or modification of planning permission granted on any such application;
the making of an order under section 102 or paragraph 1 of Schedule 9 in relation to any such land.
The powers conferred by this section shall also be exercisable where, on a representation made by a relevant authority or Minister, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified in order to secure the provision of new services, or the extension of existing services, for any purpose in connection with which the relevant authority or Minister making the representation may be authorised under Part IX of this Act or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 to acquire land or in connection with which the relevant authority or Minister may compulsorily acquire land under any other enactment.
Where the powers conferred by this section are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order— as the case may be.
to secure the services in question, as mentioned in subsection (1)(a) or (3), or
to secure the adjustment in question, as mentioned in subsection (1)(b),
Without prejudice to the generality of subsection (4), an order under this section may make provision—
for empowering the statutory undertakers—
to acquire (whether compulsorily or by agreement) any land specified in the order, and
to erect or construct any buildings or works so specified;
for applying in relation to the acquisition of any such land or the construction of any such works enactments relating to the acquisition of land and the construction of works;
where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3), for giving effect to such financial arrangements between the relevant authority or Minister and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;
for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.
In this section “relevant authority” means—
a local authority, or
a non-mayoral combined authority or non-mayoral CCA.
As soon as possible after making such a representation as is mentioned in subsection (1) or subsection (3) of section 275 the statutory undertakers, the relevant authority or Minister making the representation shall—
publish notice of the representation; and
if the Secretary of State and the appropriate Minister so direct, serve a similar notice on such persons, or persons of such classes, as they may direct.
A notice under subsection (1)—
shall be published in such form and manner as the Secretary of State and the appropriate Minister may direct;
shall give such particulars as they may direct of the matters to which the representation relates; and
shall specify the time within which, and the manner in which, objections to the making of an order on the representation may be made.
Orders under section 275 shall be subject to special parliamentary procedure.
Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this subsection applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.
Subsection (1) applies to the following acts and events—
the compulsory acquisition under Part IX of this Act or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and
the acts and events specified in section 275(2)(b) to (e).
The appropriate Minister may direct statutory undertakers who have made a representation to him under subsection (1) to publicise it in either or both of the following ways—
by publishing in such form and manner as he may direct a notice, giving such particulars as he may direct of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made;
by serving such a notice on such persons, or persons of such classes, as he may direct.
The statutory undertakers shall comply with any direction given to them under subsection (3) as soon as possible after the making of the representation under subsection (1).
If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.
Immediately after an order is made under this section by the appropriate Minister, he shall—
publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours; and
serve a similar notice—
on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this subsection, specifying an address for service; and
on such other persons (if any) as the appropriate Minister thinks fit.
Subject to subsection (8), and to the provisions of Part XII, an order under this section shall become operative on the date on which the notice required by subsection (6) is first published.
Where in accordance with subsection (5) the order is subject to special parliamentary procedure, subsection (7) shall not apply.
For the purposes of sections 275 to 277, an objection to the making of an order shall not be treated as duly made unless—
the objection is made within the time and in the manner specified in the notice required by section 276 or, as the case may be, section 277; and
a statement in writing of the grounds of the objection is comprised in or submitted with the objection.
Where an objection to the making of such an order is duly made in accordance with subsection (1) and is not withdrawn, the following provisions of this section shall have effect in relation to it.
Unless the appropriate Minister decides without regard to the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, before he makes a final decision he—
shall consider the grounds of the objection as set out in the statement; and
may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.
In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.
If— the appropriate Minister may make a final decision without further investigation as to those matters.
after considering the grounds of the objection as so set out, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates; or
in a case where a further statement has been required, it is not submitted within the specified period,
Subject to subsections (4) and (5), before making a final decision the appropriate Minister shall give the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister.
If the objector takes that opportunity, the appropriate Minister shall give an opportunity of appearing and being heard on the same occasion to the statutory undertakers, relevant authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to him to be expedient to give such an opportunity.
Notwithstanding anything in the previous provisions of this section, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held.
Where the appropriate Minister determines to cause such an inquiry to be held, any of the requirements of subsections (3) to (7) to which effect has not been given at the time of that determination shall be dispensed with.
In this section any reference to making a final decision in relation to an order is a reference to deciding whether to make the order or what modification (if any) ought to be made.
In the application of this section to an order under section 275, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.
Statutory undertakers shall, subject to the following provisions of this Part, be entitled to compensation from the local planning authority—
in respect of any decision made in accordance with section 266 by which planning permission to develop operational land of those undertakers is refused or is granted subject to conditions where—
planning permission for that development would have been granted by a development order or a local development order but for a direction given under such an order that planning permission so granted should not apply to the development; and
it is not development which has received specific parliamentary approval (within the meaning of section 264(6));
in respect of any order under section 97, as modified by section 269, by which planning permission which was granted on the application of those undertakers for the development of any such land is revoked or modified.
Where by virtue of section 271— those undertakers shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.
any right vested in or belonging to statutory undertakers is extinguished; or
any requirement is imposed on statutory undertakers,
Where by virtue of section 272— the operator shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.
any right vested in or belonging to an operator of an electronic communications code network is extinguished; or
any requirement is imposed on such an operator,
Where— the undertakers shall be entitled to compensation from the acquiring or appropriating authority.
works are carried out for the removal or re-siting of statutory undertakers’ apparatus; and
the undertakers have the right to carry out those works by virtue of section 273 or an order of Ministers under that section,
Subsection (1) shall not apply in respect of a decision or order if—
it relates to land acquired by the statutory undertakers after 7th January 1947; and
the Secretary of State and the appropriate Minister include in the decision or order a direction that subsection (1) shall not apply to it.
The Secretary of State and the appropriate Minister may only give a direction under subsection (5) if they are satisfied, having regard to the nature, situation and existing development of the land and of any neighbouring land, and to any other material considerations, that it is unreasonable that compensation should be recovered in respect of the decision or order in question.
For the purposes of this section the conditions referred to in sections 91 and 92 shall be disregarded.
Where statutory undertakers are entitled to compensation— or the operator of an electronic communications code network is entitled to compensation as mentioned in section 279(3), the amount of the compensation shall (subject to section 281) be an amount calculated in accordance with this section.
as mentioned in subsection (1), (2) or (4) of section 279;
under the provisions of section 115 in respect of an order made under section 102 or paragraph 1, 3, 5 or 6 of Schedule 9, as modified by section 270; or
in respect of a compulsory acquisition of land which has been acquired by those undertakers for the purposes of their undertaking, where the first-mentioned acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister’s certificate,
Subject to subsections (4) to (6), that amount shall be the aggregate of—
the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network rendered necessary by the proceeding giving rise to compensation (a “business adjustment”);
the appropriate amount for loss of profits; and
where the compensation is under section 279(2) or (3), and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers or, as the case may be, the operator in complying with the requirement, reduced by the value after removal of the apparatus removed.
In subsection (2) “the appropriate amount for loss of profits” means—
where a business adjustment is made, the aggregate of—
the estimated amount of any decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation; and
such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment;
where no business adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network which is directly attributable to the proceeding giving rise to compensation.
Where a business adjustment is made, the aggregate amount mentioned in subsection (2) shall be reduced by such amount (if any) as appears to the Upper Tribunal to be appropriate to offset—
the estimated value of any property (whether moveable or immoveable) belonging to the statutory undertakers or the operator and used for the carrying on of their undertaking or, as the case may be, the provision of the electronic communications code network which in consequence of the adjustment ceases to be so used, in so far as the value of the property has not been taken into account under paragraph (c) of that subsection; and
the estimated amount of any increase in net receipts from the carrying on of the undertaking or the provision of the electronic communications code network in the period after the adjustment has been completed, in so far as that amount has not been taken into account in determining the amount mentioned in paragraph (b) of that subsection and is directly attributable to the adjustment.
Where a business adjustment is made the aggregate amount mentioned in subsection (2) shall be further reduced by any amount which appears to the Upper Tribunal to be appropriate, having regard to any increase in the capital value of immoveable property belonging to the statutory undertakers or the operator which is directly attributable to the adjustment, allowance being made for any reduction made under subsection (4)(b).
Where— then, in addition to any reduction falling to be made under subsection (4) or (5), the aggregate amount mentioned in subsection (2) shall be reduced by the actual cost to the authority of carrying out the works.
the compensation is under section 279(4); and
the acquiring or appropriating authority carry out the works,
References in this section to a decrease in net receipts shall be construed as references— and references to an increase in net receipts shall be construed accordingly.
to the amount by which a balance of receipts over expenditure is decreased;
to the amount by which a balance of expenditure over receipts is increased; or
where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, to the aggregate of the two balances;
In this section— “the appropriate Minister’s certificate” means such a certificate as is mentioned in section 16 of or paragraph 3 of Schedule 3 to the Acquisition of Land Act 1981.
except in relation to compensation under section 279(4), the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken;
in relation to compensation under section 279(4), the circumstances making it necessary for the apparatus in question to be removed or re-sited;
Where statutory undertakers are entitled to compensation in respect of such a compulsory acquisition as is mentioned in section 280(1)(c), the statutory undertakers may by notice in writing under this section elect that the compensation shall be ascertained in accordance with the enactments (other than rule (5) of the rules set out in section 5 of the Land Compensation Act 1961) which would be applicable apart from section 280.
If the statutory undertakers so elect the compensation shall be ascertained accordingly.
An election under this section may be made either in respect of the whole of the land comprised in the compulsory acquisition in question or in respect of part of that land.
Any notice under this section shall be given to the acquiring authority before the end of the period of two months from the date of service of notice to treat in respect of the interest of the statutory undertakers.
Where the amount of any such compensation as is mentioned in subsection (1) of section 280 falls to be ascertained in accordance with the provisions of that section, the compensation shall, in default of agreement, be assessed by the Upper Tribunal, if apart from this section it would not fall to be so assessed.
For the purposes of any proceedings arising before the Upper Tribunal in respect of compensation falling to be ascertained as mentioned in subsection (1), the provisions of section 4 of the Land Compensation Act 1961 shall apply as they apply to proceedings on a question referred to the Tribunal under section 1 of that Act, but with the substitution in section 4, for references to the acquiring authority, of references to the person from whom the compensation is claimed.
Sections 266 to 270 and 279(1), (5) and (6) do not apply in relation to the display of advertisements on operational land of statutory undertakers.
Except in so far as may be provided by this Part, the validity of— shall not be questioned in any legal proceedings whatsoever.
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a simplified planning zone scheme or an alteration of such a scheme, whether before or after the adoption or approval of the scheme or alteration; or
an order under any provision of Part X except section 251(1), whether before or after the order has been made; or
an order under section 277, whether before or after the order has been made; or
any such order as is mentioned in subsection (2), whether before or after it has been confirmed; or
any such action on the part of the Secretary of State or the Welsh Ministers as is mentioned in subsection (3), or—
a relevant costs order made in connection with an order mentioned in subsection (2) or an action mentioned in subsection (3),
The orders referred to in subsection (1)(e) are—
any order under section 97 or under the provisions of that section as applied by or under any other provision of this Act;
any order under section 102;
any tree preservation order;
any order made in pursuance of section 221(5);
any order under paragraph 1, 3, 5 or 6 of Schedule 9.
The action referred to in subsection (1)(f) is action on the part of the Secretary of State or the Welsh Ministers of any of the following descriptions—
any decision on an application for planning permission referred to him the Secretary of State or the Welsh Ministers under section 77;
any decision on an application made to the Secretary of State under section 62A;
any decision on an application referred to the Secretary of State under section 76A;
any decision on an appeal under section 78;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any decision to confirm a completion notice under section 95;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any decision to grant planning permission under paragraph (a) of section 177(1) or to discharge a condition or limitation under paragraph (b) of that section;
any decision to confirm or not to confirm a purchase notice including—
any decision not to confirm such a notice in respect of part of the land to which it relates, or
any decision to grant any permission, or give any direction, instead of confirming such a notice, either wholly or in part;
any decision on an application made to the Welsh Ministers under section 62M or section 62O (not including a decision to refer an application under section 62O(5));
any decision . . . on an appeal under section 195(1);
any decision relating— whether it is a decision on appeal or a decision on an application referred to the Secretary of State or the Welsh Ministers for determination in the first instance.
to an application for consent under a tree preservation order tree preservation regulations,
to an application for consent under any regulations made in accordance with section 220 or 221, or
to any certificate or direction under any such order or regulations,
any decision on an appeal under section 93I;
any decision on an application for planning permission or permission in principle to the Welsh Ministers under section 293A.
any decision on an application made to the Secretary of State under section 293B, 293D or 293E , or
any determination by the Secretary of State whether to approve a biodiversity gain plan under Schedule 7A (biodiversity gain in England).
Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State or the Welsh Ministers to take any such action as is mentioned in subsection (3).
In this section, “relevant costs order” means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.
. . . The validity of an enforcement notice shall not, except by way of an appeal under Part VII, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought.
The validity of a completion notice under section 93H shall not, except by way of an appeal under section 93I, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought.
Subsection (1) shall not apply to proceedings brought under section 179 . . . against a person who—
has held an interest in the land since before the enforcement notice was issued under that Part;
did not have a copy of the enforcement notice served on him under that Part; and
satisfies the court—
that he did not know and could not reasonably have been expected to know that the enforcement notice had been issued; and
that his interests have been substantially prejudiced by the failure to serve him with a copy of it.
Subject to subsection (4), the validity of a notice which has been served under section 215 on the owner and occupier of the land shall not, except by way of an appeal under Chapter II of Part VIII, be questioned in any proceedings whatsoever on either of the grounds specified in section 217(1)(a) or (b).
Subsection (3) shall not prevent the validity of such a notice being questioned on either of those grounds in proceedings brought under section 216 against a person on whom the notice was not served, but who has held an interest in the land since before the notice was served on the owner and occupier of the land, if he did not appeal against the notice under that Chapter.
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The validity of any permission, determination or certificate granted, made or issued or purporting to have been granted, made or issued by a local planning authority in respect of— shall not be called in question in any legal proceedings, or in any proceedings under this Act which are not legal proceedings, on the ground that the permission, determination or certificate should have been granted, made or given by some other local planning authority.
an application for planning permission or permission in principle;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an application for non-material changes to planning permission under section 96A;
an application for a certificate under section 191 or 192;
an application for consent to the display of advertisements under section 220; or
a determination under section 302 or Schedule 15,
The validity of any order under section 97 revoking or modifying planning permission or permission in principle, any order under section 102 or paragraph 1 of Schedule 9 requiring discontinuance of use, or imposing conditions on continuance of use, or requiring the alteration or removal of buildings or works, or any enforcement notice under section 172 or stop notice under section 183 or a breach of condition notice under section 187A, being an order or notice purporting to have been made, issued or served by a local planning authority, shall not be called in question in any such proceedings on the ground—
in the case of an order or notice purporting to have been made, issued or served by a district planning authority, that they failed to comply with paragraph 11(2) of Schedule 1;
in the case of an order or notice purporting to have been made, issued or served by a county planning authority, that they had no power to make, issue or serve it because it did not relate to a county matter within the meaning of that Schedule.
The validity of any completion notice served or purporting to have been served by a local planning authority under section 93H shall not be called in question in any legal proceedings, or in any proceedings under this Act which are not legal proceedings, on the ground of non-compliance with any requirement of paragraph 10 of Schedule 1.
This section applies to— and anything falling within paragraphs (a) and (b) is referred to in this section as a relevant document.
a simplified planning zone scheme or an alteration of such a scheme;
an order under section 247, 248, 249, 251, 257, 258 or 277,
A person aggrieved by a relevant document may make an application to the High Court on the ground that—
it is not within the appropriate power, or
a procedural requirement has not been complied with.
The High Court may make an interim order suspending the operation of the relevant document—
wholly or in part;
generally or as it affects the property of the applicant.
An application under this section may not be made without the leave of the High Court.
An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the relevant date.
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For the purposes of subsection (2B) the relevant date is— but subject, in the case of those orders mentioned in paragraphs (c) and (e) to which section 292 applies, to that section.
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in the case of an application . . . in respect of a simplified planning zone scheme or an alteration of such a scheme, the date of the publication of the first notice of the approval or adoption of the scheme or alteration required by regulations under paragraph 13 of Schedule 7,
in the case of an application . . . in respect of an order under section 247, 248, 249, or 251, the date on which the notice required by section 252(10) is first published,
in the case of an application . . . in respect of an order under section 257 or 258, the date on which the notice required by paragraph 7 of Schedule 14 is first published in accordance with that paragraph,
in the case of an application . . . in respect of an order under section 277, the date on which the notice required by subsection (6) of that section is first published;
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An interim order has effect—
if made on an application for leave, until the final determination of—
the question of whether leave should be granted, or
where leave is granted, the proceedings on any application under this section made with such leave;
in any other case, until the proceedings are finally determined.
Subsection (3B) applies if the High Court is satisfied—
that a relevant document is to any extent outside the appropriate power;
that the interests of the applicant have been substantially prejudiced by a failure to comply with a procedural requirement.
The High Court may quash the relevant document—
wholly or in part;
generally or as it affects the property of the applicant.
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The appropriate power is—
in the case of a simplified planning zone scheme or an alteration of the scheme, Part III;
in the case of an order under section 247, 248, 249, 251, 257, 258 or 277, the section under which the order is made.
References in this Act to an application under this section do not include an application for leave for the purposes of subsection (2A).
If any person—
is aggrieved by any order to which this section applies and wishes to question the validity of that order on the grounds—
that the order is not within the powers of this Act, or
that any of the relevant requirements have not been complied with in relation to that order; or
is aggrieved by any action on the part of the Secretary of State or the Welsh Ministers to which this section applies and wishes to question the validity of that action on the grounds— he may make an application to the High Court under this section.
that the action is not within the powers of this Act, or
that any of the relevant requirements have not been complied with in relation to that action,
Without prejudice to subsection (1) or (1A), if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State or the Welsh Ministers to which this section applies, or with any relevant costs order, wish to question the validity of that order or action on any of the grounds mentioned in subsection (1) or (1A) (as the case may be), the authority may make an application to the High Court under this section.
If a person is aggrieved by a relevant costs order made in connection with an order or action to which this section applies and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds—
that the relevant costs order is not within the powers of this Act, or
that any of the relevant requirements have not been complied with in relation to the order.
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This section applies to any such order as is mentioned in subsection (2) of section 284 and to any such action on the part of the Secretary of State or the Welsh Ministers as is mentioned in subsection (3) of that section.
On any application under this section the High Court—
may, subject to subsection (6), by interim order suspend the operation of any order or action, the validity of which is questioned by the application, until the final determination of the proceedings;
if satisfied that any such order or action is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to it, may quash that order or action.
The High Court may not suspend a tree preservation order under subsection (4C) or (5)(a).
An application under this section may not be made without the leave of the High Court.
An application for leave for the purposes of subsection (4A) must be made before the end of the period of six weeks beginning with the day after—
in the case of an application relating to an order under section 97 that takes effect under section 99 without confirmation, the date on which the order takes effect;
in the case of an application relating to any other order to which this section applies, the date on which the order is confirmed;
in the case of an application relating to an action to which this section applies, the date on which the action is taken;
in the case of an application relating to a relevant costs order, the date on which the order is made.
In relation to a tree preservation order, or to an order made in pursuance of section 221(5), the powers conferred on the High Court by subsection (4C) or (5) shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.
References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.
When considering whether to grant leave for the purposes of subsection (4A), the High Court may, subject to subsection (6), make an interim order suspending the operation of any order or action the validity of which the person or authority concerned wishes to question, until the final determination of—
the question of whether leave should be granted, or
where leave is granted, the proceedings on any application under this section made with such leave.
In this section—
Any reference in this section to the authority directly concerned with any order or action to which this section applies—
in relation to any such decision as is mentioned in section 284(3)(f), is a reference to the council on whom the notice in question was served and, in a case where the Secretary of State has modified or the Welsh Ministers have modified such a notice, wholly or in part, by substituting another local authority or statutory undertakers for that council, includes a reference to that local authority or those statutory undertakers;
in any other case, is a reference to the authority who made the order in question or made the decision or served the notice to which the proceedings in question relate, or who referred the matter to the Secretary of State or the Welsh Ministers, or, where the order or notice in question was made or served by him the Secretary of State or the Welsh Ministers, the authority named in the order or notice.
References in this Act to an application under this section do not include an application for leave for the purposes of subsection (4A).
Where the Secretary of State gives a decision in proceedings on an appeal under section 93I against a completion notice or under Part VII against an enforcement notice the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court.
Where the Secretary of State gives a decision in proceedings on an appeal under Part VIII against a notice under section 207, the appellant or the local planning authority or any person (other than the appellant) on whom the notice was served may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court.
At any stage of the proceedings on any such appeal as is mentioned in subsection (1), the Secretary of State may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court.
Where the Welsh Ministers give a decision in proceedings on an appeal under Part 8 against a notice under section 215, the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Welsh Ministers to sign and state a case for the opinion of the High Court.
A decision of the High Court on a case stated by virtue of subsection (3) shall be deemed to be a judgment of the court within the meaning of section 16 of the Supreme Court Act 1981 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).
In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules—
prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State or the Welsh Ministers; and
providing for the Secretary of State or the Welsh Ministers, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.
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.
In proceedings brought by virtue of this section in respect of an enforcement notice, the High Court or, as the case may be, the Court of Appeal may, on such terms if any as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.
Where proceedings are brought by virtue of this section in respect of any notice under section 207 or 215, the notice shall be of no effect pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.
In this section “decision” includes a direction or order, and references to the giving of a decision shall be construed accordingly.
Rules of court may also provide for the High Court or, as the case may be, the Court of Appeal to give directions as to the exercise, until such proceedings in respect of an enforcement notice are finally concluded and any re-hearing and determination by the Secretary of State has taken place, of any other powers in respect of the matters to which such a notice relates.
If, in the case of any decision to which this section applies, the person who made the application to which the decision relates or the local planning authority is dissatisfied with the decision in point of law, that person or, as the case may be, the local planning authority may, according as rules of court may provide, either appeal against the decision to the High Court or require the Secretary of State to state and sign a case for the opinion of the High Court.
This section applies to any decision of the Secretary of State—
on an application under section 64 which is referred to the Secretary of State under the provisions of section 77 as applied by that section; or
on an appeal brought under the provisions of section 78 as applied by section 64.
Where an application under section 64 is made as part of an application for planning permission, subsections (1) and (2) shall have effect in relation to that application in so far as it is an application under the said section 64, but not in so far as it is an application for planning permission.
In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court shall include power to make rules prescribing the powers of the High Court or the Court of Appeal with respect to—
the giving of any decision which might have been given by the Secretary of State;
the remitting of the matter, with the opinion or direction of the court, for re-hearing and determination by the Secretary of State;
the giving of directions to the Secretary of State.
No appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or of the Court of Appeal.
Without prejudice to the previous provisions of this section, rules of court in relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section may provide for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.
In relation to any action which— the provisions of sections 284 and 288 shall have effect (subject to section 292) as if any reference in those provisions to the Secretary of State were a reference to the Secretary of State and the appropriate Minister.
apart from the provisions of Part XI would fall to be taken by the Secretary of State and, if so taken, would be action falling within section 284(3); but
by virtue of that Part, is required to be taken by the Secretary of State and the appropriate Minister,
Where an order under section 247, 248, 249 or 277 is subject to special parliamentary procedure, then—
if the order is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, sections 284 and 287 shall not apply to the order;
in any other case, section 287 shall have effect in relation to the order as if, in subsection (4) of that section, for the reference to the date there mentioned there were substituted a reference to the date on which the order becomes operative under section 6 of that Act (“the operative date”).
Where by virtue of Part XI any such action as is mentioned in section 291 is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—
if the order in which the action is embodied is confirmed by Act of Parliament under section 6 of that Act, sections 284 and 288 shall not apply;
in any other case, section 288 shall apply with the substitution for any reference to the date on which the action is taken of a reference to the operative date.
In this Part—
the appropriate authority shall be deemed—
For the purposes of this Part “the appropriate authority”, in relation to any land—
in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;
in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land;
in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;
in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;
in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;
in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.
in relation to Westminster Hall and the Chapel of St Mary Undercroft, means the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;
in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, means the Lord Great Chamberlain.
If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.
For the purposes of an application for planning permission or permission in principle made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application.
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References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862.
In subsection (2A) the Crown includes—
the Duchy of Lancaster;
the Duchy of Cornwall;
a person who is an appropriate authority by virtue of subsection (2)(f) and (g).
An order made by the Secretary of State for the purposes of paragraph (c) of the definition of Crown interest in subsection (1) must be made by statutory instrument.
But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
This Act binds the Crown.
But subsection (1) is subject to express provision made by this Part.
This section applies to a development of land in Wales if the appropriate authority certifies—
that the development is of national importance, and
that it is necessary that the development is carried out as a matter of urgency.
The appropriate authority may, instead of making an application for planning permission or permission in principle to the local planning authority in accordance with Part 3, make an application for planning permission or permission in principle to the Secretary of State under this section.
If the appropriate authority proposes to make the application to the Secretary of State an application under this section it must publish in one or more newspapers circulating in the locality of the proposed development a notice—
describing the proposed development, and
stating that the authority proposes to make the application to the Secretary of State.
For the purposes of an application under this section the appropriate authority must provide to the Secretary of State—
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a statement of the authority’s grounds for making the application.
If the appropriate authority makes an application under this section subsections (6) to (9) below apply.
The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application.
As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.
The Secretary of State must in accordance with such requirements as are contained in a development order publish notice of the application and of the fact that such documents and other material are available for inspection.
The Secretary of State must consult— about the application.
the local planning authority for the area to which the proposed development relates,
any corporate joint committee for the area to which the proposed development relates, and
such other persons as are specified or described in a development order,
Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under section 321(3)(matters related to national security).
Subsections (4) to (7) of section 77 apply to an application under this section as they apply to an application in respect of which a direction under section 77 has effect.
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No enforcement notice shall be issued under section 172 in respect of development carried out by or on behalf of the Crown after 1st July 1948 on land which was Crown land at the time when the development was carried out.
The following provisions of this section apply to development of Crown land carried out otherwise than by or on behalf of the Crown at a time when no person is entitled to occupy it by virtue of a private interest.
Where— they may issue a notice under this section (a “special enforcement notice”).
it appears to a local planning authority that development to which this subsection applies has taken place in their area, and
they consider it expedient to do so having regard to the provisions of the development plan and to any other material considerations,
No special enforcement notice shall be issued except with the consent of the appropriate authority.
A special enforcement notice shall specify—
the matters alleged to constitute development to which this section applies; and
the steps which the authority issuing the notice require to be taken for restoring the land to its condition before the development took place or for discontinuing any use of the land which has been instituted by the development.
A special enforcement notice shall also specify—
the date on which it is to take effect (“the specified date”), and
the period within which any such steps as are mentioned in subsection (5)(b) are to be taken.
A special enforcement notice may specify different periods for the taking of different steps.
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Not later than 28 days after the date of the issue of a special enforcement notice and not later than 28 days before the specified date, the local planning authority who issued it shall serve a copy of it—
on the person who carried out the development alleged in the notice;
on any person who is occupying the land when the notice is issued; and
on the appropriate authority.
The local planning authority need not serve a copy of the notice on the person mentioned in subsection (1)(a) if they are unable after reasonable enquiry to identify or trace him.
Any such person as mentioned in subsection (1)(a) or (b) may appeal against the notice to the Secretary of State on the ground that the matters alleged in the notice—
have not taken place, or
do not constitute development to which section 294 applies.
A person may appeal against a special enforcement notice under subsection (3) whether or not he was served with a copy of it.
The provisions contained in or having effect under sections 174(3) to (5), 175(1) to (4) and 176(1) to (4) shall apply to special enforcement notices issued by local planning authorities and to appeals against them under subsection (3) as they apply to enforcement notices and to appeals under section 174.
The Secretary of State may by regulations apply to special enforcement notices and to appeals under subsection (3) such other provisions of this Act (with such modifications as he thinks fit) as he thinks necessary or expedient.
This section applies where—
the appropriate authority intends to make a relevant application, and
the authority considers—
that the development to which the application relates is of national importance, and
that it is necessary that the development is carried out as a matter of urgency.
The appropriate authority may make the application to the Secretary of State under this section.
In this section, “relevant application” means— but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.
an application for planning permission for the development of land in England, or
an application for approval of a matter that, as defined in section 92, is a reserved matter in the case of an outline planning permission for the development of land in England,
An application under this section must include—
such information, documents or other matters as may be required by a development order, and
a statement of the appropriate authority’s grounds for making the application.
As soon as practicable after receiving the application, the Secretary of State must give notice to the appropriate authority either agreeing or refusing to determine the application.
The Secretary of State may only agree to determine the application if the Secretary of State considers that—
the development to which the application relates is of national importance, and
it is necessary that the development is carried out as a matter of urgency.
The Secretary of State must send a copy of a notice given under subsection (5) to the local planning authority to whom the application could otherwise have been made.
The Secretary of State may by notice require the appropriate authority to provide such further information as is necessary for the purposes of—
deciding whether to agree or to refuse to determine the application;
determining the application.
A development order may make provision—
as to the form and manner in which an application must be made;
requiring notice to be given of an application;
as to the form, content and service of a notice required under paragraph (b);
requiring that an application be publicised in such manner as the order may specify.
A development order which makes provision under subsection (9) may include provision to ensure that the imposition of any requirement under that subsection does not result in the public disclosure of sensitive information.
For the purposes of subsection (10), information is “sensitive” if the Secretary of State directs that—
it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and
its public disclosure would be contrary to the national interest.
A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.
The Secretary of State may give directions requiring a local planning authority to do things in relation to an application made under section 293B that could otherwise have been made to that authority.
Directions under subsection (13)—
may relate to a particular application or to applications more generally;
may be given to a particular authority or to authorities more generally.
This section applies where —
the appropriate authority has made a relevant application to the Secretary of State under section 293B, and
the Secretary of State has given notice under section 293B(5) agreeing to determine the application.
Before determining the application, the Secretary of State must consult the following persons about the application—
the local planning authority to which the application could otherwise have been made, and
such other persons as the Secretary of State considers appropriate.
A development order may make provision as to the consultation required by subsection (2) including—
provision requiring the Secretary of State to consult other specified persons (or persons of a specified description);
provision as to the manner in which persons may be consulted;
different provision for different cases or classes of development.
The Secretary of State may—
grant the application, either unconditionally or subject to such conditions as the Secretary of State thinks fit, or
refuse it.
The Secretary of State must notify the local planning authority to whom the application could otherwise have been made of the Secretary of State’s decision on the application.
The decision of the Secretary of State on the application is final.
Section 73A applies, with any necessary modifications, to an application for planning permission under section 293B as it applies to an application for planning permission which is to be determined by the local planning authority under Part 3.
The following provisions do not apply for the purposes of determining an application for planning permission under section 293B—
section 58B(1) of this Act;
sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
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Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—
a plan approved, adopted or made under Part II of this Act or Part II of the 1971 Act may include proposals relating to the use of Crown land;
any power to acquire land compulsorily under Part IX may be exercised in relation to any interest in Crown land which is for the time being held otherwise than by or on behalf of the Crown;
any restrictions or powers imposed or conferred by Part III, VII or VIII, by the provisions of Part VI relating to purchase notices, or by any of the provisions of sections 266 to 270, shall apply and be exercisable in relation to Crown land, to the extent of any interest in it for the time being held otherwise than by or on behalf of the Crown.
Except with the consent of the appropriate authority—
no order or notice shall be made, issued or served under any of the provisions of section 102, 103, 172, 198, 199 or 215 or Schedule 9 or under any of those provisions as applied by any order or regulations made under Part VIII, in relation to land which for the time being is Crown land;
no interest in land which for the time being is Crown land shall be acquired compulsorily under Part IX.
No purchase notice shall be served in relation to any interest in Crown land unless—
an offer has been previously made by the owner of that interest to dispose of it to the appropriate authority on equivalent terms, and
that offer has been refused by the appropriate authority.
In subsection (3) “equivalent terms” means that the price payable for the interest shall be equal to (and shall, in default of agreement, be determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a purchase notice.
The rights conferred by the provisions of Chapter II of Part VI shall be exercisable by a person who (within the meaning of those provisions) is an owner-occupier of a hereditament or agricultural unit which is Crown land, or is a resident owner-occupier of a hereditament which is Crown land, in the same way as they are exercisable in respect of a hereditament or agricultural unit which is not Crown land, and those provisions shall apply accordingly.
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The appropriate authority and the local planning authority for the area in which any Crown land is situated may make agreements for securing the use of the land, so far as may be prescribed by any such agreement, in conformity with the provisions of the development plan applicable to it.
Any such agreement may contain such consequential provisions, including provisions of a financial character, as may appear to be necessary or expedient having regard to the purposes of the agreement.
An agreement made under this section by a government department shall not have effect unless it is approved by the Treasury.
In considering whether to make or approve an agreement under this section relating— the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.
to land belonging to a government department, or
to land held in trust for Her Majesty for the purposes of a government department,
This section applies where—
the appropriate authority intends to make a relevant application, and
the authority considers that the development to which it relates is of national importance.
The appropriate authority may make the application to the Secretary of State under this section.
In this section and section 293E, “relevant application” means— but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.
an application for planning permission, or permission in principle, for the development of land in England, or
an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England,
After receiving the application, the Secretary of State must give a notice to the appropriate authority stating whether the Secretary of State considers the development to be of national importance.
If the Secretary of State considers the development to be of national importance, the Secretary of State must proceed to determine the application.
If the Secretary of State considers that the development is not of national importance, the Secretary of State may take the steps referred to in either subsection (7) or, where it applies, subsection (9).
The Secretary of State may—
refer the application to the local planning authority to whom it could otherwise have been made, and
direct that the application—
is to be treated as having been made to the authority (and not to the Secretary of State under this section), and
is to be determined by that authority accordingly.
Subsection (9) applies where—
the application could otherwise have been made to the Secretary of State under section 62A, and
the appropriate authority has given notice to the Secretary of State that the authority consents to the application being treated as having been made to the Secretary of State under that section.
The Secretary of State may—
direct that the application is to be treated as having been made to the Secretary of State under section 62A (and not to the Secretary of State under this section), and
determine the application accordingly.
This section applies where—
the appropriate authority makes an application to the Secretary of State under section 293D, and
the Secretary of State gives a notice to the appropriate authority under section 293D(4) stating that the development to which it relates is considered by the Secretary of State to be of national importance.
The appropriate authority may make an application (“a connected application”) under the planning Acts to the Secretary of State where the requirements of subsection (3) are met.
The requirements are that—
the application is—
for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,
for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or
of a prescribed description,
it is considered by the person making the application to be connected to an application under section 293D,
it is neither a relevant application nor an application of the kind described in section 73(1), and
it relates to land in England.
If a connected application is made under subsection (2), but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may—
refer the connected application to the local planning authority, or hazardous substances authority, to whom it could otherwise have been made, and
direct that the connected application—
is to be treated as having been made to that authority (and not to the Secretary of State under this section), and
is to be determined by that authority accordingly.
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where there is a Crown interest in any land, the provisions of sections 109 to 113 and Part V and the provisions of Schedule 3 to the Planning (Consequential Provisions) Act 1990 in so far as they relate to those sections or that Part, or to Part VII or sections 166 to 168 of the 1971 Act, shall have effect in relation to any private interest or Duchy interest as if the Crown interest were a private interest; and
where there is a Duchy interest in any land, those provisions shall have effect in relation to that interest, and to any private interest, as if the Duchy interest were a private interest.
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Where, in accordance with an agreement under section 297, the approval of a local planning authority is required in respect of any development of land in which there is a Crown interest or a Duchy interest, sections 109 to 112 shall have effect in relation to the withholding of that approval, or the giving of it subject to conditions, as if it were a refusal of planning permission or, as the case may be, a grant of planning permission subject to conditions.
The decision of the Secretary of State on an application made under section 293D or 293E is final.
The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made under section 293D or 293E that could otherwise have been made to that authority.
Directions under subsection (2)—
may relate to a particular application or to applications more generally;
may be given to a particular authority or to authorities more generally.
If an application is made to the Secretary of State under section 293D(2) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of—
the application, and
any alteration of the application accepted by the Secretary of State.
Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) or (3B) of that Schedule.
Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 293D as they apply to an application for planning permission which is to be determined by the local planning authority.
Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1, or by regulations under paragraph 14(3) or 16 of Schedule 7A, may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 293D.
Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 293D as they apply to an application for permission in principle which is to be determined by the local planning authority.
Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 293D.
Where an application is made to the Secretary of State under section 293E instead of to the authority to whom it could otherwise have been made, a development order may (with or without modifications) apply to the application any enactment that relates to applications of that kind when made to that authority.
A development order which makes provision under this section to apply to an application under section 293D or 293E (with or without modifications) any requirement to disclose information may include provision to secure that the requirement would not result in the public disclosure of sensitive information.
For the purposes of subsection (6), information is “sensitive” if the Secretary of State directs that—
it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and
its public disclosure would be contrary to the national interest.
An application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 293J.
Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may—
revoke the person’s appointment;
appoint another person to determine the application instead.
A person appointed under this section to determine a direct application has the same powers and duties that the Secretary of State has under section 293H.
Where a direct application is determined by a person appointed under this section, the person’s decision is to be treated as that of the Secretary of State.
Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever.
It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person’s power to determine the direct application before the person’s decision on the direct application is given.
Where any enactment (other than this section and section 319A)— then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person.
refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to a direct application (otherwise than by referring to the application having been made to the Secretary of State), or
refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application,
The Secretary of State may direct that an application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 293I.
Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—
the person, if any, appointed under section 293I to determine the application concerned,
the applicant, and
the local planning authority.
Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—
in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and
subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 293I had never applied to it.
The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.
Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—
the person, if any, previously appointed under section 293I to determine the application concerned,
the applicant, and
the local planning authority.
Where a direction is given under subsection (4) in relation to a direct application—
anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 293I to determine the application is, unless the person appointed under section 293I to determine the application directs otherwise, to be treated as having been done by that person, and
subject to that, section 293I applies to the application as if no direction under subsection (1) had been given in relation to the application.
No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.
A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
A step taken for the purposes of enforcement includes—
entering land;
bringing proceedings;
the making of an application.
A step taken for the purposes of enforcement does not include—
service of a notice;
the making of an order (other than by a court).
Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest.
Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
An interest in land includes an interest only as occupier of the land.
This section applies to an application for planning permission, for permission in principle or for a certificate under section 192 made by or on behalf of the Crown.
The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.
A statutory provision is a provision contained in or having effect under any enactment.
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This section has effect for the purpose of enabling Crown land, or an interest in Crown land, to be disposed of with the benefit of planning permission or a determination under section 64.
Notwithstanding the interest of the Crown in the land in question, an application for any such permission or determination may be made by— and, subject to subsections (3) to (5), all the statutory provisions relating to the making and determination of any such application shall accordingly apply as if the land were not Crown land.
the appropriate authority; or
any person authorised by that authority in writing;
Any planning permission granted by virtue of this section shall apply only—
to development carried out after the land in question has ceased to be Crown land; and
so long as that land continues to be Crown land, to development carried out by virtue of a private interest in the land.
In relation to any application made by virtue of this section for any determination under section 64, subsection (1) of that section shall have effect as if for the reference to an application for planning permission being required there were substituted a reference to such an application being required in the event of the proposed operations or change of use being carried out or made otherwise than by or on behalf of the Crown.
The Secretary of State may by regulations—
modify or exclude any of the statutory provisions referred to in subsection (2) in their application by virtue of that subsection and any other statutory provisions in their application to permissions or determinations granted or made by virtue of this section;
make provision for requiring a local planning authority to be notified of any disposal of, or of an interest in, any Crown land in respect of which an application has been made by virtue of this section; and
make such other provision in relation to the making and determination of applications by virtue of this section as he thinks necessary or expedient.
This section shall not be construed as affecting any right to apply for any such permission or determination as is mentioned in subsection (1) in respect of Crown land in a case in which such an application can be made by virtue of a private interest in the land.
In this section “statutory provisions” means provisions contained in or having effect under any enactment.
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A local planning authority may make a tree preservation order in respect of Crown land in which no interest is for the time being held otherwise than by or on behalf of the Crown, if they consider it expedient to do so for the purpose of preserving trees or woodlands on the land in the event of its ceasing to be Crown land or becoming subject to a private interest.
No tree preservation order shall be made by virtue of this section except with the consent of the appropriate authority.
A tree preservation order made by virtue of this section shall not take effect until the first occurrence of a relevant event.
For the purposes of subsection (3), a relevant event occurs in relation to any land if it ceases to be Crown land or becomes subject to a private interest.
A tree preservation order made by virtue of this section—
shall not require confirmation under section 199 until after the occurrence of the event by virtue of which it takes effect; and
shall by virtue of this subsection continue in force until— whichever first occurs.
the expiration of the period of six months beginning with the occurrence of that event; or
the date on which the order is confirmed,
Where a tree preservation order takes effect in accordance with subsection (3), the appropriate authority shall as soon as practicable give to the authority who made the order a notice in writing of the name and address of the person who has become entitled to the land in question or to a private interest in it.
The procedure prescribed under section 199 in connection with the confirmation of a tree preservation order shall apply in relation to an order made by virtue of this section as if the order were made on the date on which the notice under subsection (6) is received by the authority who made it.
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A local planning authority in whose area any Crown land is situated may agree with the appropriate authority that subsection (2) shall apply to such use of land by the Crown as is specified in the agreement, being a use resulting from a material change made or proposed to be made by the Crown in the use of the land.
Where an agreement is made under subsection (1) in respect of any Crown land, then, if at any time the land ceases to be used by the Crown for the purposes specified in the agreement, this Act shall have effect in relation to any subsequent private use of the land as if—
the specified use by the Crown had required planning permission, and
that use had been authorised by planning permission granted subject to a condition requiring its discontinuance at that time.
The condition referred to in subsection (2) shall not be enforceable against any person who had a private interest in the land at the time when the agreement was made unless the local planning authority by whom the agreement was made have notified him of the making of the agreement and of the effect of that subsection.
An agreement made under subsection (1) by a local planning authority shall be a local land charge, and for the purposes of the Local Land Charges Act 1975 the local planning authority by whom such an agreement is made shall be treated as the originating authority as respects the charge constituted by the agreement.
In this section “private use” means use otherwise than by or on behalf of the Crown, and references to the use of land by the Crown include references to its use on behalf of the Crown.
This section applies where during the war period—
works not complying with planning control were carried out on land, or
a use of land not complying with planning control was begun by or on behalf of the Crown.
Subject to subsection (4), if at any time after the end of the war period there subsists in the land a permanent or long-term interest which is neither held by or on behalf of the Crown nor subject to any interest or right to possession so held, the planning control shall, so long as such an interest subsists in the land, be enforceable in respect of those works or that use notwithstanding—
that the works were carried out or the land used by or on behalf of the Crown, or
the subsistence in the land of any interest held by or on behalf of the Crown in reversion (whether immediate or not) expectant on the termination of that permanent or long-term interest.
A person entitled to make an application under this subsection with respect to any land may apply at any time before the relevant date to an authority responsible for enforcing any planning control for a determination—
whether works on the land carried out, or a use of the land begun, during the war period fail to comply with any planning control which the authority are responsible for enforcing, and
if so, whether the works or use should be deemed to comply with that control.
Where any works on land carried out, or use of land begun, during the war period remain or continues after the relevant date and no such determination has been given, the works or use shall by virtue of this subsection be treated for all purposes as complying with that control unless steps for enforcing the control have been begun before that date.
Schedule 15 shall have effect for the purpose of making supplementary provision concerning the enforcement of breaches of planning control to which this section applies and the making and determination of applications under subsection (3).
In this section and that Schedule—
Where—
does not include so much of a development plan as consists of a neighbourhood development plan under section 38A of that Act.
References in this section and that Schedule to non-compliance with planning control mean— and references in this Act to compliance with planning control shall be construed accordingly.
in relation to works on land carried out, or a use of land begun, at a time when the land was subject to a resolution to prepare a scheme under the Town and Country Planning Act 1932, that the works were carried out or the use begun otherwise than in accordance with the terms of an interim development order or of permission granted under such an order;
in relation to works on land carried out, or a use of land begun, at a time when the land was subject to such a scheme, that the works were carried out or the use begun otherwise than in conformity with the provisions of the scheme;
References in this section and that Schedule to the enforcement of planning control shall be construed as references to the exercise of the powers conferred by section 75 of the 1947 Act or by paragraph 34 of Schedule 24 to the 1971 Act (including that paragraph as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990).
The appropriate authority may by regulations make provision for the payment of a fee or charge to a local planning authority in respect of—
the performance by the local planning authority of any function they have;
anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function.
The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority or the local planning authority (or of fees to both the appropriate authority and the local planning authority) in respect of any application for planning permission deemed to be made under section 177(5).
References in subsection (1) to functions of a local planning authority do not, in the case of a local planning authority in Wales, include functions under the Historic Environment (Wales) Act 2023 (as to which, see section 167 of that Act).
The Secretary of State may by regulations make provision for the payment of a fee to—
the Mayor of London or the mayor of a combined authority or combined county authority in respect of an application for consent, agreement or approval as mentioned in section 61DB(2) or the giving of advice about such an application;
a specified person in respect of an application for consent, agreement or approval for which provision is made under section 61DB(4) or the giving of advice about such an application.
The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of any application for planning permission which is deemed to be made to the appropriate authority under—
any provision of this Act other than section 177(5), or
any order or regulations made under this Act.
The appropriate authority Welsh Ministers may by regulations make provision for the payment of a fee to the appropriate authority Welsh Ministers in respect of an application for planning permission or permission in principle made under section 293A (urgent Crown development).
The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of—
any application made to the Secretary of State under section 62A;
the giving of advice about applying under section 62A for any permission, approval or consent or for anything else for which an application may be made under that section.
The Welsh Ministers may by regulations make provision for the payment of a fee or charge to the Welsh Ministers in respect of—
the performance by the Welsh Ministers of any function they have in respect of an application under ... section 62M (option to make application directly to Welsh Ministers) or section 62O (connected applications);
anything done by the Welsh Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function.
Regulations under this section may in particular—
make provision as to when a fee or charge payable under the regulations is to be paid;
make provision as to who is to pay a fee or charge payable under the regulations;
make provision as to how a fee or charge payable under the regulations is to be calculated (including who is to make the calculation);
prescribe circumstances in which a fee or charge payable under the regulations is to be remitted or refunded (wholly or in part);
prescribe circumstances in which no fee or charge is to be paid;
make provision as to the effect of paying or failing to pay a fee or charge in accordance with the regulations;
prescribe circumstances in which a fee or charge payable under the regulations to one local planning authority is to be transferred to another local planning authority.
Regulations under this section may—
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in the case of regulations made by virtue of subsection (5)(f) or paragraph (a) of this subsection, amend, repeal or revoke any provision made by or under this Act or by or under any other Act.
References in subsection (1B) to functions that the Welsh Ministers have in respect of an application include references—
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to any functions that the Welsh Ministers have, by virtue of provision under section 61Z1, in respect of an application proposed to be made to the Welsh Ministers under section ... 62M or 62O.
The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of an application under section 293B, 293D or 293E.
Regulations made by the Secretary of State under subsection (1) or (2) may authorise or require a local planning authority in England to set the level of a fee or charge.
Regulations under subsection (1ZA) may authorise or require the Mayor of London or a specified person to set the level of a fee or charge.
Provision made in reliance on subsection (5A) or (5B) must include provision about—
consultation to be carried out in relation to the setting of the level of a fee or charge;
the criteria to be applied when setting the level of a fee or charge;
publication of information or reports;
obligations to notify the Secretary of State;
reviews of the level of a fee or charge.
In this section “the appropriate authority” means—
the Secretary of State in relation to England;
the Welsh Ministers in relation to Wales.
No regulations shall be made under this section by the Secretary of State unless a draft of the regulations has been laid before and approved by resolution of—
each House of Parliament ...
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If a draft of regulations of the Secretary of State under this section would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
Where— the fee or charge must be calculated or set with a view to ensuring that, so far as possible, it does not exceed the cost of carrying out the function in respect of which it is imposed.
a local planning authority in England, the Mayor of London or a specified person calculates the amount of a fee or charge in pursuance of regulations under subsection (1) or (1ZA), or
a local planning authority in England, the Mayor of London or a specified person sets the level of a fee or charge in pursuance of regulations under subsection (1), (1ZA) or (2),
A local planning authority in England, the Mayor of London or a specified person must secure that their income from fees or charges paid in pursuance of regulations made under subsection (1), (1ZA) or (2) is applied towards the carrying out of functions that the authority, Mayor or person has that fall within subsection (8D).
The functions that fall within this subsection are— other than functions in connection with applications made in legal proceedings.
functions under—
Part 3,
in Part 7, section 191 or 192, or
Part 8;
in the case of the Mayor of London, functions under section 2A and related functions under sections 2B to 2F;
functions under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
functions under section 17 of the Land Compensation Act 1961;
functions specified for the purposes of this paragraph in regulations made by the Secretary of State,
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If a local planning authority in Wales calculate the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of performing the function or doing the thing (as the case may be).
If the Mayor of London , the mayor of a combined authority or combined county authority, or a specified person calculates the amount of fees in pursuance of provision made by regulations under subsection (1ZA) the Mayor of London , the mayor, or the specified person must secure that, taking one financial year with another, the income from the fees does not exceed the cost of performing the function.
A financial year is the period of 12 months beginning with 1 April.
The Secretary of State may, with the consent of the Treasury, make grants for assisting establishments engaged in promoting or assisting research relating to, and education with respect to, the planning and design of the physical environment.
This section applies where—
by virtue of section 303(5A) or (5B), a local planning authority in England, the Mayor of London or a specified person (a “charging authority”) has set or is proposing to set its own fee or charge in respect of a matter, and
the Secretary of State considers that the fee or charge is set or proposed to be set at a level that is not appropriate.
The Secretary of State may direct the charging authority to review the level of the fee or charge.
A charging authority to which a direction is given under subsection (2) must—
review the fee or charge, and
notify the Secretary of State of its decision as a result of the review, giving reasons.
Subsection (5) applies where—
a charging authority fails to comply with subsection (3), or
a charging authority complies with that subsection but the Secretary of State considers that the fee or charge remains set at a level that is not appropriate.
The Secretary of State may direct that the fee or charge is to be of such amount as may be specified in, or determined in accordance with, the direction.
The Secretary of State may by regulations make provision—
about the time by which any requirement imposed by or under this section must be complied with;
about the fee or charge that is to apply while a charging authority reviews a fee or charge following a direction under subsection (2);
about repayment of the whole or part of any fee or charge where the level of the fee or charge is reduced as a result of a direction under subsection (2) or (5).
In this section “specified person” has the same meaning as in section 303.
The Secretary of State may by regulations make provision for a surcharge to be imposed on a fee or charge paid—
to a local planning authority in England under section 303(1) or (2),
to the Mayor of London or a specified person under section 303(1ZA), or
to the Secretary of State under section 303(1A), (2), (3) or (4A).
Where regulations under subsection (1) provide for a surcharge to be imposed on a fee or charge paid to a person other than the Secretary of State, that person must pay to the Secretary of State the amount they receive from any surcharges— as set out in regulations under subsection (1).
subject to such deductions, and
at the times and in the manner,
Regulations under subsection (1) may—
specify the level of the surcharge as a percentage of the level of a fee or charge;
make different provision for different purposes, including setting different levels of surcharge for different fees, charges, cases or circumstances.
Regulations under subsection (1) may provide that where the level of the fee or charge has been set by— the surcharge may be set as a percentage of the fee or charge that would be payable had the level of the fee or charge not been so set.
a local planning authority under section 303(5A), or
the Mayor of London or a specified person under section 303(5B),
The Secretary of State must list in regulations the persons whose relevant costs the surcharge is intended to cover (“listed persons”).
In setting the level of the surcharge, the Secretary of State must have regard to the relevant costs of the listed persons, and must secure that, taking one financial year with another, the income from the surcharge does not exceed the relevant costs of the listed persons.
In subsections (5) and (6), “relevant costs” means the costs of providing advice, information or assistance (including the provision of a response to a consultation) in connection with— that are made under or for the purposes of the planning Acts and that relate to land in England.
applications,
proposed applications, or
proposals for a permission, approval or consent,
Regulations under subsection (1) may set the surcharge at a level that exceeds the costs of listed persons of providing advice, information or assistance in connection with the application, proposed application or proposal in respect of which the surcharge is imposed.
Paragraphs (a) to (f) of section 303(5) apply to regulations under this section as they apply to regulations under subsection (1), save that references to a fee or charge are to be read as references to the surcharge.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Where— the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.
compensation is payable by a local authority or National Park authority under this Act in consequence of any decision or order to which this section applies, and
that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament,
This section applies to any decision or order given or made under Part III, the provisions of Part VI relating to purchase notices, Part VII, Part VIII or Schedule 5, 6 or 9.
Without prejudice to section 274 of the Highways Act 1980 (contributions by local authorities to expenses of highway authorities), any relevant authority may contribute towards any expenses incurred by a local highway authority—
in the acquisition of land under Part IX of this Act or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023,
in the construction or improvement of roads on land so acquired, or
in connection with any development required in the interests of the proper planning of the area of the relevant authority.
Any relevant authority and any statutory undertakers may contribute towards—
any expenses incurred by a local planning authority for the purposes of carrying out a review under section 13 or 61 of the Planning and Compulsory Purchase Act 2004 (duty of local planning authority to keep under review certain matters affecting development);
any expenses incurred by a local planning authority or a mineral planning authority in or in connection with the performance of any of their functions under Part III, the provisions of Part VI relating to purchase notices, Part VII except sections 196A and 196B, Part VIII (except section 207), Part IX or Schedule 5 or 9.
any expenses incurred by a minerals and waste planning authority or county council for the purposes of carrying out a review under section 14 of that Act (duty of minerals and waste planning authority or county council to keep under review certain matters affecting development);
Where any expenses are incurred by a relevant authority in the payment of compensation payable in consequence of anything done under Part III, the provisions of Part VI relating to purchase notices, Part VII except sections 196A and 196B, Part VIII, or Schedule 5 or 9, the Secretary of State may, if it appears to him to be expedient to do so, require any other relevant authority to contribute towards those expenses such sum as appears to him to be reasonable, having regard to any benefit accruing to that authority by reason of the proceeding giving rise to the compensation.
Each of the persons specified in subsection (2B) may contribute towards any expenses incurred by a corporate joint committee for the purposes of carrying out a review under section 60L of the Planning and Compulsory Purchase Act 2004 (corporate joint committees: area survey).
The persons are—
a local authority in Wales;
a statutory undertaker authorised to carry on an undertaking in Wales.
Subsection (3) shall apply in relation to payments made by a relevant authority to any statutory undertakers in accordance with financial arrangements to which effect is given under section 275(5)(c), as it applies in relation to compensation payable by such an authority in consequence of anything done under Part III, Part VIII or Schedule 5 or 9, and the reference in that subsection to the proceeding giving rise to the compensation shall be construed accordingly.
For the purposes of this section, contributions made by a local planning authority towards the expenditure of a joint advisory committee shall be deemed to be expenses incurred by that authority for the purposes for which that expenditure is incurred by the committee.
This section shall have effect as if the references to a local authority included references to a National Park authority.
In this section “relevant authority” means—
a local authority, or
a non-mayoral combined authority or non-mayoral CCA.
The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of an appeal to the appropriate authority under any provision made by or under—
this Act;
the Planning (Listed Buildings and Conservation Areas) Act 1990.
The regulations may in particular—
make provision as to when a fee payable under the regulations is to be paid;
make provision as to how such a fee is to be calculated (including who is to make the calculation);
prescribe circumstances in which such a fee is to be remitted or refunded (wholly or in part);
prescribe circumstances in which no fee is to be paid;
make provision as to the effect of paying or failing to pay a fee in accordance with the regulations.
A fee payable to the appropriate authority under regulations made under this section is payable—
by the appellant;
in addition to any fee payable to the appropriate authority under regulations made under section 303.
Regulations under this section may—
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in the case of regulations made by virtue of subsection (2)(e) or paragraph (a) of this subsection, amend, repeal or revoke any provision made by or under this Act or by or under any other Act.
In this section “the appropriate authority” means—
the Secretary of State in relation to England;
the Welsh Ministers in relation to appeals under any provision made by or under this Act as it applies in relation to Wales.
No regulations shall be made under this section by the Secretary of State unless a draft of the regulations has been laid before and approved by resolution of—
each House of Parliament ...
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This section applies if the appropriate authority appoints a person to carry out or hold a qualifying procedure.
A qualifying procedure is—
an independent examination under section 15D, 15DB, 15H(3)(b), 15HA(6)(a) or 64 of the Planning and Compulsory Purchase Act 2004;
a local inquiry or other hearing under paragraph 8(1)(a) of Schedule 7;
the consideration of objections under paragraph 8(1)(b) of that Schedule.
Where a local planning authority cause a qualifying procedure to be carried out or held, the appropriate authority is—
the Secretary of State if the local planning authority causing the procedure to be carried out or held is in England;
the National Assembly for Wales if the local planning authority causing the procedure to be carried out or held is in Wales.
Where the qualifying procedure is an independent examination of a strategic development plan under section 64 of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Welsh Ministers.
The appropriate authority may require the whole or any part of the costs borne by it in relation to the qualifying procedure to be paid by the local planning authority or corporate joint committee causing the qualifying procedure to be held.
The appropriate authority may cause the amount of any such costs to be certified; and any amount so certified and required by it to be paid by a local planning authority or corporate joint committee shall be recoverable from that authority or committee as a civil debt.
What may be recovered under this section by the appropriate authority is the entire administrative cost of, or incidental to, the qualifying procedure , so far as borne by it, including, in particular, such reasonable amount or element as it may determine in respect of the general staff costs and overheads of his department.
For the purposes of subsection (4), the appropriate authority may by regulations prescribe a standard daily amount in relation to any description of qualifying procedure and any description of person appointed to hold it, ... and where, in relation to a qualifying procedure of that description, a person of that description is or has been so appointed, what may be recovered in respect of that qualifying procedure by virtue of the appointment of that person ... is—
the prescribed standard amount from time to time applicable in the case of that qualifying procedure and that person in respect of each day, or an appropriate proportion of that amount in respect of a part of a day, on which that person is engaged in the holding of, or is otherwise engaged on work connected with, the qualifying procedure ;
any costs actually incurred on travelling or subsistence allowances payable to that person in connection with the qualifying procedure ;
any costs attributable to the appointment of an assessor to assist that person . . . and
any other costs attributable to the appointment of that person.
The cost of, or incidental to, a qualifying procedure which does not take place may be recovered by the appropriate authority from the local planning authority or corporate joint committee from which it would have been recoverable, had the qualifying procedure taken place, to the same extent, and in the same way, as the cost of, or incidental to, a qualifying procedure which does take place.
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A reference to a local planning authority or corporate joint committee causing a qualifying procedure to be carried out includes a reference to the case where under the Planning and Compulsory Purchase Act 2004—
the local planning authority or corporate joint committee are required to submit a strategy, plan or document to the appropriate authority for independent examination, or
the Secretary of State holds an independent examination in relation to a document prepared by the local planning authority, or by the Secretary of State under section 15HA(3)(b) or 15HA(6)(a) of that Act.
In a case where a qualifying procedure is carried out in relation to a plan that is prepared jointly by two or more local planning authorities under Part 2 of the Planning and Compulsory Purchase Act 2004, the Secretary of State may for the purposes of this section apportion the amount that may be recovered in accordance with subsections (4) to (6) between those authorities, on such basis as the Secretary of State considers just and reasonable.
In this section—
any reference to an independent examination under section 15D of the Planning and Compulsory Purchase Act 2004 includes a pause of such an examination under section 15DA of that Act;
any reference to costs borne by the appropriate authority includes a reference to costs which, apart from this section, would fall, or would have fallen, to be borne by it ; and
any reference to any remuneration or allowance being paid or payable to a person includes a reference to its being paid or payable for him.
This section applies in relation to costs arising before, as well as costs arising after, its coming into force.
In this section references to a local planning authority are, in relation to a local planning authority in England, to a local planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 and include a minerals and waste planning authority for the purposes of that Part.
The council of a county, county borough, district or London borough may advance money to any person for the purposes of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 151 specifying the grounds mentioned in subsection (4)(d) of that section as, or as one of, the grounds of objection.
No advance may be made under subsection (1) in the case of a hereditament if its annual value exceeds such amount as may be prescribed for the purposes of section 149(3)(a).
An advance under subsection (1) may be made subject to such conditions as the council may think fit.
This section applies where—
an interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and
a notice is registered under section 110(2) . . . in respect of any of the land acquired or sold (whether before or after the completion of the acquisition or sale) in consequence of a planning decision or order made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected.
Where this section applies the Secretary of State shall, subject to the following provisions of this section, be entitled to recover from the acquiring authority a sum equal to so much of the amount of the compensation specified in the notice as (in accordance with section 110(5) . . .) is to be treated as attributable to that land.
If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land acquired or sold to which a person other than the acquiring authority is entitled, the sum referred to in subsection (2) shall not accrue due until that interest either ceases to exist or becomes vested in the acquiring authority.
No sum shall be recoverable under this section in the case of a compulsory acquisition or sale where the Secretary of State is satisfied that the interest in question is being acquired for the purposes of the use of the land as a public open space.
Where the Secretary of State recovers a sum under this section in respect of any land by reason that it is land in respect of which a notice is registered under the provisions of section 110, section 112(11) to (13) shall have effect in relation to that sum as if it were a sum recovered as mentioned in section 112(11).
In this section . . . “interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it.
Where an interest in land is compulsorily acquired by, or sold to, an authority possessing compulsory purchase powers, and a payment exceeding £20 has become or becomes payable under section 59 of the 1947 Act in respect of that interest, the Secretary of State shall, subject to the following provisions of this section, be entitled to recover the amount of the payment from the acquiring authority.
If, before 18th November 1952, operations were begun in, on, over or under the land, or a use of the land was instituted, and— subsection (1) shall not apply to so much of any payment referred to in that subsection as was attributable to any land in relation to which the determination was made or, as the case may be, which is included in that scheme of development.
a development charge has at any time been determined to be payable in respect of the operations or use, or it has at any time been determined that no development charge was payable; or
the operations or use were comprised in a scheme of development exempt from development charge,
No amount shall be recoverable under this section in respect of any land in relation to which an amount has become recoverable by the Secretary of State under the provisions of section 133 as applied by section 327.
If the acquisition or sale in question does not extend to the whole of the land to which the payment under section 59 of the 1947 Act related, the amount recoverable under this section shall be so much of that payment as in accordance with subsection (5) is to be treated as apportioned to the land in which the interest acquired or sold subsists.
For the purposes of this section a payment under section 59 of the 1947 Act shall be treated as apportioned, as between different parts of the land to which it related, in the way in which it might reasonably be expected to have been so apportioned if, under the scheme made under that section, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it between different parts of that land.
In this section references to a scheme of development exempt from development charge are references to a scheme of development such that, if the operations and uses of land comprised in the scheme had all been begun or instituted before 18th November 1952, all those operations and uses would have been exempt from the provisions of Part VII of the 1947 Act by virtue of regulations made under it.
References in this section to the amount of a payment shall be construed as including any interest payable on the principal amount of the payment.
The appropriate authority may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to—
the planning Acts;
the Planning and Compulsory Purchase Act 2004;
the Planning Act 2008;
the enactments mentioned in subsection (2).
The enactments are enactments which relate to planning contained in the following Acts—
the Planning and Compensation Act 1991;
the Transport and Works Act 1992;
the Environment Act 1995.
The appropriate authority may make a grant subject to such terms and conditions as it thinks appropriate.
Person includes a body whether or not incorporated.
The appropriate authority is—
the Secretary of State in relation to England;
the National Assembly for Wales in relation to Wales.
Where— the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.
a sum is recoverable from any authority under section 308 . . . by reference to an acquisition or purchase of an interest in land, and
a grant became or becomes payable to that or some other authority under an enactment in respect of that acquisition or purchase or of a subsequent appropriation of the land,
The following expenses of the Secretary of State shall be paid out of money provided by Parliament—
any expenses incurred by the Secretary of State under subsection (5) of section 220 or in the payment of expenses of any committee established under that section;
any sums necessary to enable the Secretary of State to make any payments becoming payable by him under Part IV . . .;
any expenses incurred by the Secretary of State under Part X;
any expenses incurred by the Secretary of State in the making of grants under section 304;
any administrative expenses incurred by the Secretary of State for the purposes of this Act.
There shall be paid out of money provided by Parliament any expenses incurred by any government department (including the Secretary of State)—
in the acquisition of land under Part IX;
in the payment of compensation under section 236(4), 279(2) or 325;
under section 240(1)(b); or
under section 305.
The Secretary of State shall pay out of money provided by Parliament any payments falling to be made by him on or after 1st April 1968 under—
section 59 of the 1947 Act (war-damaged land); or
any provision of Part I or Part V of the 1954 Act.
Any sums received by the Secretary of State by virtue of— shall be paid into the Consolidated Fund.
the provisions of section 133, as applied by virtue of Schedule 24 to the 1971 Act and Schedule 3 to the Planning (Consequential Provisions) Act 1990 to compensation paid under Part V of the 1954 Act; or
the provisions of section 308 as so applied,
. . .Subject to the provisions of section 112, any sums received by the Secretary of State under any provision of this Act shall be paid into the Consolidated Fund.
The council of a county may direct that any expenses incurred by them under the provisions specified in Parts I and II of Schedule 16 shall be treated as special expenses of a county council chargeable upon such part of the county as may be specified in the directions.
In considering whether to grant planning permission for development which affects a listed building or its setting, the Welsh Ministers or a local planning authority in Wales must have special regard to the desirability of preserving—
the listed building,
the setting of the building, or
any features of special architectural or historic interest the building possesses.
In exercising the powers conferred by sections 232, 233 and 235(1) (appropriation, disposal and development of land held for planning purposes), a relevant local authority must have regard to the desirability of preserving features of special architectural or historic interest, and in particular listed buildings.
In subsection (2), “relevant local authority” means—
a county council or county borough council in Wales;
a National Park authority in Wales;
a joint planning board constituted under section 2(1B).
In this section, “listed building” means—
a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales, or
a listed building (within the meaning given by section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990) situated in England.
In relation to development consisting of the winning and working of minerals or involving the depositing of mineral waste, the provisions specified in Parts I and II of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.
In relation to interests in land consisting of or comprising minerals (being either the fee simple or tenancies of such land) . . ., the provisions specified in Part III of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.
Regulations made for the purposes of this section may only be made with the consent of the Treasury and shall be of no effect unless they are approved by resolution of each House of Parliament.
Any regulations made by virtue of subsection (1) shall not apply—
to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works on it which are occupied or used for those purposes; . . .
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Nothing in subsection (1) or (4) shall be construed as affecting the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.
The provisions of Parts III, VII and VIII of this Act shall apply in relation to— subject to regulations made by virtue of this section.
land of interested planning authorities; and
the development of any land by interested planning authorities or by such authorities jointly with any other persons,
The regulations may, in relation to such land or such development—
provide for any of those provisions to apply subject to prescribed exceptions or modifications or not to apply;
make new provision as to any matter dealt with in any of those provisions;
make different provision in relation to different classes of land or development.
Without prejudice to subsection (2), the regulations may provide— and, in the case of applications falling to be determined by an interested planning authority, they may regulate the authority’s arrangements for the discharge of their functions, notwithstanding any provision made by or under sections 319ZA to 319ZC or anything in section 101 of the Local Government Act 1972.
subject to subsection (5), for applications for planning permission to develop such land, or for such development, to be determined by the authority concerned, by another interested planning authority or by the Secretary of State; and
for the procedure to be followed on such applications,
The regulations shall—
provide for section 71(3), and any provision made by virtue of section 65 or 71 by a development order, to apply to applications for planning permission to develop such land, or for such development, land of an interested planning authority other than the Welsh Ministers, or for the development of land by an interested planning authority other than the Welsh Ministers, subject to prescribed exceptions or modifications, or
make corresponding provision.
In the case of any application for planning permission to develop land of an interested planning authority other than the Welsh Ministers where— the regulations shall provide for the application to be determined by that other body, unless the application is referred to the Secretary of State under section 77.
the authority do not intend to develop the land themselves or jointly with any other person; and
if it were not such land, the application would fall to be determined by another body,
in paragraph (a) the words “the corporation” or, as the case may be, “the trust” were substituted for the words “such an authority”, and the word “corporation” or, as the case may be, “trust” were substituted for the words “local planning authority”; and
in paragraph (b) the word “corporation” or, as the case may be, “trust” were substituted for the words “local planning authority”.
In this section “interested planning authority”, in relation to any land, means any body which exercises any of the functions of a local planning authority in relation to that land or the Welsh Ministers; and for the purposes of this section land is land of an authority if the authority have any interest in it.
This section applies— as it applies to planning permission to develop land.
to permission in principle to develop any land, and
to any consent required in respect of any land,
Subsection (1) does not apply to sections 76, 90(2) and (5) and 223.
The power to make regulations under this section relating to land of the Welsh Ministers or to the development of land by the Welsh Ministers is exercisable by the Welsh Ministers.
The Secretary of State for the Environment and the Secretary of State for Energy may by regulations made with the consent of the Treasury direct that any of the provisions specified in Part I of Schedule 16 or of section 264 relating to statutory undertakers and to land of such undertakers—
shall apply to the British Coal Corporation as if it were a statutory undertaker; and
shall apply to land (including mines) of that Corporation of any such class as may be specified in the regulations as if it were operational land.
Such regulations may apply those provisions subject to such adaptations, modifications and exceptions as may be specified in the regulations.
Without prejudice to the generality of subsection (2), where such regulations apply any provisions by virtue of which any compensation is payable to the British Coal Corporation which if it were payable to statutory undertakers would be assessable in accordance with the provisions of section 280, they may provide for an alternative basis of assessment.
Without prejudice to the provisions of the Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.
Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant—
if the property is situated elsewhere than in Wales, then for the purposes of the provisions specified in Part VI of Schedule 16 it shall be treated as being vested in the Diocesan Board of Finance for the diocese in which the land is situated;
in any case, it shall, for the purposes of a compulsory acquisition of the property under Part IX, be treated as being vested in the Diocesan Board of Finance for the diocese in which the land is situated, and any notice to treat shall be served, or be deemed to have been served, accordingly.
Any compensation payable under Part IV, section 186, Part VIII (except section 204) or section 250 in respect of land which is ecclesiastical property shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated, and shall . . . be applied by it for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.
shall be paid to the Church Commissioners, and
shall be applied by them for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.
Any sum which under any of the provisions specified in Part III of Schedule 16 is payable in relation to land which is, or on 1st July 1948 was, ecclesiastical property, and apart from this subsection would be payable to an incumbent—
shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated, and
shall be applied by it for the purposes mentioned in subsection (3).
Where any sum is recoverable under section 111, or 112 in respect of any such land, the Diocesan Board of Finance for the diocese in which the land is situated may apply any money or securities held by it in the payment of that sum.
In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction . . . .
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.
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
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.
Before making an order under this section the Secretary of State shall consult with that Council.
Before making an order under subsection (1) or (3) the Secretary of State shall consult with the Council of the Isles of Scilly.
Any order under subsection (1) or (3) may provide for the application of provisions to the Isles subject to such modifications as may be specified in the order.
The Secretary of State or the Welsh Ministers may cause a local inquiry to be held for the purposes of the exercise of any of his or their functions under any of the provisions of this Act.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry caused to be held under this section by the Secretary of State; and subsections (2) and (3) of that section apply to an inquiry caused to be held under this section by the Welsh Ministers.
In its application by subsection (2) to an inquiry caused to be held by the Secretary of State, section 250(4) of that Act has effect as if—
after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and
after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.
This section applies to any inquiry held under section 320(1), paragraph 6 of Schedule 6 or paragraph 5 of Schedule 8.
Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.
If the Secretary of State is satisfied in the case of any such inquiry— he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in the direction.
that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4); and
that the public disclosure of that information would be contrary to the national interest,
The matters referred to in subsection (3)(a) are—
national security; and
the measures taken or to be taken to ensure the security of any premises or property.
If the Secretary of State is considering giving a direction under subsection (3) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
If before the Secretary of State gives a direction under subsection (3) no person is appointed under subsection (5), the Attorney General may at any time appoint a person as mentioned in subsection (5) for the purposes of the inquiry.
The Lord Chancellor may by rules make provision—
as to the procedure to be followed by the Secretary of State before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5);
as to the functions of a person appointed under subsection (5) or (6).
Rules made under subsection (7) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
If a person is appointed under subsection (5) or (6) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in subsection (4) (the responsible person) to pay the fees and expenses of the appointed representative.
If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.
An amount so certified is recoverable from the responsible person as a civil debt.
This section applies to proceedings under this Act where the Secretary of State is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him.
The Secretary of State has the same power to make orders under section 250(5) of the Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.
This section also applies to proceedings under this Act to which section 319A applies.
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Section 250(4) of the Local Government Act 1972 applies to costs incurred by the Secretary of State, or a person appointed by the Secretary of State, in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to a local inquiry.
In its application for that purpose, section 250(4) of that Act has effect as if—
after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and
after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.
Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to an inquiry.
This section applies if—
a person is appointed under subsection (5) or (6) of section 321, but
no inquiry is held as mentioned in subsection (1) of that section.
Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held.
This section does not affect section 322A.
This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales.
The references in section 321(5) and (6) to the Attorney General must be read as references to the Counsel General to the Welsh Assembly Government .
The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies.
If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry.
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The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings in England under this Act where he is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under section 9 of the Tribunals and Inquiries Act 1992 apply.
Regulations under this section may in particular make provision as to the procedure to be followed— and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.
where steps have been taken with a view to the holding of an inquiry or hearing to which rules under section 9 of the Tribunals and Inquiries Act 1992 would apply which does not take place, or
where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or
where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,
The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act which, pursuant to a determination under section 319A, are to be considered on the basis of representations in writing.
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Regulations under this section may also—
provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents;
prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;
empower the Secretary of State to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and
empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.
Regulations made by the Secretary of State under this section may include provision as to the circumstances in which, in proceedings in England such as are mentioned in subsection (1) or (1A)—
directions may be given under section 250(4) of the Local Government Act 1972 as applied by a prescribed provision of this Act;
orders for costs may be made under section 250(5) of that Act as so applied.
This section applies where—
for the purposes of any proceedings in England under this Act—
the Secretary of State is required, before a decision is reached, to give any person an opportunity, or ask any person whether he wishes, to appear before and be heard by a person appointed by him; and
arrangements are made for a local inquiry or hearing to be held;
the inquiry or hearing does not take place; and
if it had taken place, the Secretary of State or a person appointed by him would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay any costs of any other party.
This section also applies where—
arrangements are made for a local inquiry or a hearing to be held pursuant to a determination under section 319A;
the inquiry or hearing does not take place; and
if it had taken place, the Secretary of State or a person appointed by the Secretary of State would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay any costs of any other party.
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Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.
Where this section applies in the case of an inquiry or hearing which was to take place in England but did not, section 250(4) of that Act applies to costs incurred by the Secretary of State or a person appointed by the Secretary of State as if—
in the case of an inquiry, the inquiry had taken place;
in the case of a hearing, the hearing were an inquiry which had taken place.
In its application for that purpose, section 250(4) of that Act has effect as if—
after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and
after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.
Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to a hearing of the kind referred to in subsection (1) or (1A) which was to take place in England but did not as it applies to costs incurred in relation to an inquiry which was to take place but did not.
This section applies where—
the local planning authority for a London borough refuse an application for planning permission or permission in principle,
that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and
an appeal against the refusal is made to the Secretary of State under section 78.
If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if—
for subsection (4) there were substituted the subsection set out at subsection (5) below, and
for subsection (5) there were substituted the subsection set out at subsection (6) below.
If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
The subsection referred to in subsection (2)(a) above is as follows—
Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry, or such portion of those costs as he may direct, shall be paid— and the Secretary of State may cause the amount of the costs so incurred or, where he directs a portion of them to be paid, the amount of that portion to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt. ”
by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission or permission in principle, or
if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;
The subsection referred to in subsection (2)(b) above is as follows—
Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and—
the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission or permission in principle;
every such order may be made a rule of the High Court on the application of any party named in the order. ”
In this section “the 1972 Act” means the Local Government Act 1972.
This section applies in relation to any application, appeal or reference under this Act to the Welsh Ministers (whether it is considered at an inquiry or hearing or on the basis of written representations).
The costs incurred by the Welsh Ministers in relation to the application, appeal or reference (or so much of them as the Welsh Ministers may direct) are to be paid by the applicant, appellant or person making the reference, or such local planning authority or other party to the application, appeal or reference, as the Welsh Ministers may direct.
Costs incurred by the Welsh Ministers in relation to an application, appeal or reference include the entire administrative cost incurred in connection with it so that, in particular, there shall be treated as costs incurred by the Welsh Ministers such reasonable sum as the Welsh Ministers may determine in respect of general staff costs and overheads of the Welsh Government.
The costs to which subsection (2) applies include costs in respect of an inquiry or hearing that does not in the event take place and costs incurred in reviewing planning obligations (within the meaning of section 106).
The Welsh Ministers may by regulations prescribe a standard daily amount for cases involving an inquiry or hearing of any description or cases of any description considered on the basis of representations in writing; and where an inquiry or hearing of that description takes place or a case of that description is considered on the basis of representations in writing, the costs incurred by the Welsh Ministers are to be taken to be—
the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which a prescribed person is engaged in dealing with the case;
costs actually incurred in connection with dealing with the case on travelling or subsistence allowances or the provision of accommodation or other facilities;
any costs attributable to the appointment of prescribed persons to assist in dealing with the case;
any legal costs or disbursements incurred or made by or on behalf of the Welsh Ministers in connection with the case.
The Welsh Ministers may make orders as to the costs of the applicant or appellant or any other party to the application, appeal or reference, and as to the person or persons by whom the costs are to be paid.
The Welsh Ministers may by regulations prescribe the procedure to be followed in connection with—
an inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of this Act;
proceedings on an application, appeal or reference that, under or by virtue of any provision of this Act, is to be considered by or on behalf of the Welsh Ministers on the basis of representations in writing.
The regulations may include provision—
about the procedure to be followed in connection with matters preparatory or subsequent to an inquiry or hearing or to the making of representations in writing;
about the conduct of proceedings.
The regulations may include provision about the procedure to be followed— and may provide that such steps are to be treated as compliance, in whole or in part, with the requirements of the regulations.
where steps have been taken with a view to the holding of an inquiry or hearing which does not take place,
where steps have been taken with a view to the determination of any matter by a person appointed by the Welsh Ministers and the proceedings are the subject of a direction that the matter must instead be determined by the Welsh Ministers, or
where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,
The regulations may—
provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents,
prescribe the time limit (which may be different for different classes of proceedings) or enable the Welsh Ministers to give directions setting the time limit in a particular case or class of case,
enable the Welsh Ministers to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and
enable the Welsh Ministers, after giving the parties written notice of their intention to do so, to proceed to a decision even though no written representations were made within the time limit, if it appears to them that they have sufficient material before them to enable them to reach a decision on the merits of the case.
The regulations may also make provision as to the circumstances in which—
a direction under section 322C(2) may be given;
an order for costs under section 322C(4) may be made.
The Welsh Ministers may by regulations provide that in prescribed circumstances a matter may not be raised in proceedings on an appeal made under or by virtue of this Act to the Welsh Ministers unless it has been previously raised before a prescribed time or it is shown that it could not have been raised before that time.
The Secretary of State may by regulations make provision for and in connection with the training of members of local planning authorities in their exercise of such relevant planning functions as are prescribed.
Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”).
A member of a local planning authority who does not hold a valid certificate of completion is prohibited from—
exercising the prescribed relevant planning functions on behalf of a local planning authority, or
being involved in exercising the prescribed relevant planning functions on behalf of a local planning authority as a member of a committee or any other body.
Regulations under subsection (1) may, in particular—
provide for accreditation by the Secretary of State of—
courses of training, and
persons providing such courses;
impose requirements as to record-keeping, including by imposing such requirements on a training provider.
Regulations under subsection (1) must require a local planning authority to publish on their website which of their members hold valid certificates of completion.
The validity of anything done in the exercise of a prescribed relevant planning function is not affected by any breach of subsection (3).
In this section—
references to a local planning authority are to a local planning authority in England;
references to a member of a local planning authority include a person who (though not a member of a local planning authority) is an appointed member of a committee or sub-committee of a local planning authority.
This section applies in relation to a relevant planning function conferred on a mineral planning authority as if references to a local planning authority were to a mineral planning authority in England.
In this section, “relevant planning function” means—
a function under—
Part 3;
in Part 7, sections 191(4) and 192(2);
Part 8;
in Part 10, section 257;
a function under section 17 of the Land Compensation Act 1961;
a function under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
a function of imposing or amending any condition, limitation or other restriction on a permission, approval or consent required by or under an enactment specified in paragraph (a) or (c);
an enforcement function exercisable in relation to—
development carried out without a permission, approval or consent required by or under an enactment specified in paragraph (a) or (c), or
a failure to comply with any condition, limitation or other restriction of any such permission, approval or consent.
In subsection (9) any reference to a function under an enactment includes a function under an instrument made under the enactment.
The Secretary of State may by regulations make provision for and in connection with the training of persons who may exercise relevant mayoral planning functions in their exercise of such relevant mayoral planning functions as are prescribed.
Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”).
A mayor is prohibited from exercising the prescribed relevant mayoral planning functions without a valid certificate of completion.
A person who is authorised (by or under any enactment or by arrangements made by a mayor) to exercise a prescribed relevant mayoral planning function on behalf of a mayor is prohibited from exercising such a function, or being involved in the exercise of such a function as a member of a committee or any other body, without a valid certificate of completion.
Regulations under subsection (1) may, in particular—
provide for accreditation by the Secretary of State of—
courses of training, and
persons providing such courses;
impose requirements as to record-keeping, including by imposing such requirements on a training provider.
The validity of anything done in the exercise of a prescribed relevant mayoral planning function is not affected by any breach of subsection (3) or (4).
In subsections (3) and (4), references to a mayor are to—
the Mayor of London,
a mayor for the area of a combined authority, and
a mayor for the area of a combined county authority.
In this section “relevant mayoral planning function” means—
any of the functions of the Mayor of London specified in subsection (9), and
any functions of a mayor for the area of a combined authority or a mayor for the area of a combined county authority which correspond to the functions of the Mayor of London specified in subsection (9).
The functions of the Mayor of London referred to in subsection (8) are as follows—
the function of—
giving a direction under section 2A(1) or (1B);
giving a direction under section 74(1B)(a);
the function of determining an application by virtue of section 2A or 2B, and related functions under sections 2C and 2F;
a function under section 2E;
the function of making a Mayoral development order under section 61DA;
a function exercisable in connection with a Mayoral development order.
In this section—
The Secretary of State may by regulations require a relevant local planning authority to make arrangements under section 101 of the 1972 Act for such relevant planning functions as are prescribed—
to be discharged by a committee, sub-committee or officer of the authority;
to be discharged by a committee, sub-committee or officer of the authority in prescribed circumstances.
The regulations may —
prescribe the terms of the arrangements (which may include exceptions) and any permitted variations in those terms;
provide for the arrangements to confer a discretion on any person in connection with the delegation of a function.
Where arrangements required by the regulations are in force in relation to a relevant planning function, the function may only be exercised in accordance with the arrangements (and section 101(4) of the 1972 Act does not apply).
The Secretary of State may by regulations prescribe requirements relating to the size and composition of a committee or sub-committee by which such relevant planning functions as are prescribed are to be discharged.
A relevant local planning authority may not arrange for a relevant planning function to be discharged by a committee or sub-committee of the authority which fails to satisfy a requirement imposed by regulations under this section in relation to the discharge of that function.
If a committee or sub-committee discharging a relevant planning function fails to satisfy such a requirement, paragraph 43 of Schedule 12 to the 1972 Act (validity of proceedings) does not apply in relation to the failure.
Sections 101 and 102 of the 1972 Act have effect subject to sections 319ZZC and 319ZZD and any regulations made under them.
Where arrangements are in force under section 101(5) of the 1972 Act for two or more relevant local planning authorities to discharge any of their relevant planning functions jointly, sections 319ZZC and 319ZZD apply in relation to those functions as if—
references to a committee or sub-committee of a relevant local planning authority were references to a joint committee or sub-committee of those authorities;
references to an officer of a relevant local planning authority were references to an officer of any of those authorities.
Regulations under sections 319ZZC and 319ZZD may—
make different provision for different relevant local planning authorities;
make different provision for cases where two or more such authorities have made arrangements under section 101(1)(b) or (5) of the 1972 Act for the discharge of any of their relevant planning functions.
In operating arrangements required by regulations under section 319ZZC, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State.
In making arrangements for the discharge of a function prescribed in regulations under section 319ZZD, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State.
The Secretary of State must consult such persons as the Secretary of State considers appropriate before—
making regulations under section 319ZZC or 319ZZD, or
issuing guidance under subsection (4) or (5).
Sections 319ZZC and 319ZZD and this section apply in relation to a relevant planning function conferred on a relevant mineral planning authority as if references to a relevant local planning authority were to a relevant mineral planning authority.
In sections 319ZZC to section 319ZZE, “relevant local planning authority” means a local planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include—
a National Park authority, or
the Broads Authority.
In section 319ZZE, “relevant mineral planning authority” means a mineral planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include a National Park authority.
In sections 319ZZC to 319ZZE, “relevant planning function” has the same meaning as in section 319ZZA (see subsections (9) and (10) of that section).
In sections 319ZZC to 319ZZE and this section, “the 1972 Act” means the Local Government Act 1972.
Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—
the preparation, revision, adoption or approval of a local plan, document which is or forms part of a minerals and waste plan or supplementary plan under Part 2 of the Planning and Compulsory Purchase Act 2004 or a local development plan under Part 6 of that Act;
any application under Part III or sections . . ., 220 or 221 or under any order or regulations made under any of those provisions, for any permission, consent or determination to be given or made in connection with that land or any other land under that Part or any of those sections or under any such order or regulations;
the preparation, making, modification or revocation of a neighbourhood development plan under Part 3 of that Act;
any proposal by the local planning authority or by the Secretary of State to make, issue or serve any order or notice under Part III (other than sections 93H, 94 and 96), . . . or Chapter 2 or 3 of Part VIII or under any order or regulations made under any of those provisions.
any application made to the Welsh Ministers under section 62O;
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For the purposes of subsection (1)(c) the reference to a proposal by the local planning authority to make any order under Part 3 includes a reference to a proposal submitted (or to be submitted) to the authority for the making by them of a neighbourhood development order.
Any person duly authorised in writing by the Welsh Ministers or by a corporate joint committee may at any reasonable time enter any land for the purpose of surveying it in connection with the preparation, revision, adoption or approval of a strategic development plan under Part 6 of the Planning and Compulsory Purchase Act 2004.
Any person duly authorised in writing by the local planning authority may at any reasonable time enter any land for the purpose of exercising a power conferred on the authority by section 225 , 225A(1), 225C(10)(a) or 225F(6)(a) if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it would be impossible to exercise the power without entering the land.
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Any person who is an officer of the Valuation Office or is duly authorised in writing by a local planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land which is payable by the local planning authority under Part IV, section 186, Chapter 2 or 3 of Part VIII, section 250(1) or Part XI (other than section 279(2) or (3) or 280(1)(c)).
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Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land in respect of which an order or notice has been made or served as mentioned in subsection (1)(c) for the purpose of ascertaining whether the order or notice has been complied with.
Subject to section 325, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.
In subsections (1)(c) and (7) references to a local planning authority include, in relation to a building situated in Greater London, a reference to the Historic Buildings and Monuments Commission for England.
A person authorised under section 324 to enter any land—
shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering, and
shall not demand admission as of right to any land which is occupied unless 24 hours’ notice of the intended entry has been given to the occupier.
Any person who wilfully obstructs a person acting in the exercise of his powers under section 324 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If any person who, in compliance with the provisions of section 324, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in it as to any manufacturing process or trade secret, he shall be guilty of an offence.
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.
A person who is guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
Where any damage is caused to land or chattels— compensation may be recovered by any person suffering the damage from the Secretary of State or authority on whose behalf the entry was effected.
in the exercise of a right of entry conferred under section 324, or
in the making of any survey for the purpose of which any such right of entry has been so conferred,
The provisions of section 118 shall apply in relation to compensation under subsection (6) as they apply in relation to compensation under Part IV.
No person shall carry out under section 324 any works authorised by virtue of subsection (8) of that section unless notice of his intention to do so was included in the notice required by subsection (1).
The authority of the appropriate Minister shall be required for the carrying out under that section of works so authorised if the land in question is held by statutory undertakers, and they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
Section 324 applies to Crown land subject to the following modifications.
A person must not enter Crown land unless he has the relevant permission.
Relevant permission is the permission of—
a person appearing to the person seeking entry to the land to be entitled to give it, or
the appropriate authority.
In subsection (8) the words “Subject to section 325” must be ignored.
Section 325 does not apply to anything done by virtue of this section.
“Appropriate authority” must be construed in accordance with section 293(2).
In any case where the value or depreciation in value of an interest in land falls to be determined on the assumption that planning permission would be granted for development of any class specified in Schedule 3, it shall be further assumed, as regards development of any class specified in paragraph 1 or 3 of that Schedule, that such permission would be granted subject to the condition set out in Schedule 10.
For the purposes of subsection (1), so far as applicable to any determination of existing use value as defined in section 144(6)—
references to Schedule 3 and to paragraphs 1 and 3 of that Schedule shall be construed as references to Schedule 3 to the 1947 Act and to the corresponding paragraphs of that Schedule; and
that Schedule shall have effect as if it contained a paragraph corresponding to paragraph 13 of Schedule 3.
Except as provided in section 111(5), nothing in subsections (1) and (2) or in paragraph 13 or 14(2) of Schedule 3 affects the meaning of “new development” in this Act or any determination to be made for the purpose of Part V.
For the avoidance of doubt it is hereby declared that where, under any provision of this Act, the value of an interest in land is required to be assessed on the assumption that planning permission would be granted for development of any class specified in Schedule 3, that assumption is to be made on the footing that any such development must comply with the provisions of any enactment, other than the planning Acts, which would be applicable to it.
In relation to notices registered under section 57 of the 1954 Act (which provided for the registration of notices of payments made under section 59 of the 1947 Act) sections 133 and 134 shall have effect as they have effect in relation to notices registered under section 132 but subject to the following provisions.
Any reference in section 133 or 134 to the compensation specified in a notice shall be construed as a reference to the payment so specified.
Section 133 shall be assumed to apply to every description of new development.
No amount shall be recoverable by the Secretary of State by virtue of this section in respect of any land in relation to which an amount has become recoverable under section 309.
For the purposes of this section a payment under section 59 of the 1947 Act shall be treated as apportioned, as between different parts of the land to which it related, in the way in which it might reasonably be expected to have been so apportioned if, under the scheme made under that section, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it between different parts of that land.
The purposes authorised for the application of capital money— shall include the payment of any sum recoverable under section 111, or 112.
by section 73 of the Settled Land Act 1925 ... ; ...
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The purposes authorised as purposes for which money may be raised by mortgage— shall include the payment of any sum so recoverable.
by section 71 of the Settled Land Act 1925 ... ; ...
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Subsections (2) to (3) apply to a relevant power to make provision about—
the form or manner in which a planning application is to be made, or
the form or manner in which an associated document is to be provided.
The power includes power to make provision requiring or allowing the application to be made, or the associated document to be provided—
by particular electronic means, or
by electronic means that satisfy particular technical standards or specifications.
The power includes power to make provision requiring or allowing the authority to which a planning application is (or is to be) made to waive a requirement of a sort described in subsection (2).
Subsection (5) applies to a relevant power to make provision about the content of a planning application or associated document.
The power includes power to make provision requiring the application or associated document, or any particular content of it, to be prepared or endorsed by a person with particular qualifications or experience.
Subsection (7) applies to any power within subsection (1) or (4).
The power may be exercised by making provision referring (and giving effect) to such material of a particular description as is published from time to time by the Secretary of State on a government website together with a statement that it has effect for the purposes of the provision in question.
Provision that may be made by virtue of subsection (7) includes, for example, provision requiring or allowing a planning application to be made (or an associated document to be provided) using such a form, or in accordance with such specifications, as are published from time to time as mentioned in that subsection.
In this section, a “relevant power to make provision” about a certain matter is a power of the Secretary of State under this Act to make subordinate provision about that matter, if and so far as the power is exercisable in relation to England.
It is irrelevant for the purposes of subsection (9) in what terms a power is conferred (and, in particular, whether it relates specifically to the matter in question or is a more general power capable of exercise in relation to that matter).
In this section—
This section applies to any application in respect of which this Act or any provision made under it imposes a requirement as to—
the form or manner in which the application must be made;
the form or content of any document or other matter which accompanies the application.
The local planning authority must not entertain such an application if it fails to comply with the requirement.
Any notice or other document required or authorised to be served or given under this Act may be served or given either—
by delivering it to the person on whom it is to be served or to whom it is to be given; or
by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address; or
by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or, in a case where an address for service has been given by that person, at that address; or
in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.
in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (3A), to that person at that address (subject to subsection (3B)); or
Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—
it is addressed to him either by name or by the description of “the owner” or, as the case may be, “the occupier” of the premises (describing them) and is delivered or sent in the manner specified in subsection (1)(a), (b) or (c); or
it is so addressed and is marked in such a manner as may be prescribed for securing that it is plainly identifiable as a communication of importance and—
it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or
it is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.
Where— the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to “the owners and any occupiers” of that part of the land (describing it) and is affixed conspicuously to some object on the land.
the notice or other document is required to be served on or given to all persons who have interests in or are occupiers of premises comprised in any land, and
it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied,
The condition mentioned in subsection (1)(cc) is that the notice or other document shall be— and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.
capable of being accessed by the person mentioned in that provision;
legible in all material respects; and
in a form sufficiently permanent to be used for subsequent reference;
Subsection (1)(cc) shall not apply to—
service of a planning contravention notice;
service of a copy of an enforcement notice by a local planning authority;
giving of notice under section 173A of the exercise of powers conferred by subsection (1) of that section;
service under section 181(4) of notice of a local planning authority’s intention to take steps required by an enforcement notice;
service of an enforcement notice issued by the Secretary of State;
service of a stop notice, or of notice of withdrawal of a stop notice, by a local planning authority;
service of a stop notice by the Secretary of State;
service of a breach of condition notice or of notice of withdrawal of a breach of condition notice;
giving of notice of the making of a tree preservation order, or service of a copy of such an order, in accordance with regulations under section 199 tree preservation regulations ;
service of a notice under section 215 requiring steps to be taken to remedy the condition of any land;
service of a notice under section 330 requiring information as to interests in land.
This section is without prejudice to section 233 of the Local Government Act 1972 (general provisions as to service of notices by local authorities).
For the purpose of enabling the Secretary of State or a local authority to make an order or issue or serve any notice or other document which, by any of the provisions of this Act, he or they are authorised or required to make, issue or serve, the Secretary of State or the local authority may by notice in writing require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises to give in writing such information as to the matters mentioned in subsection (2) as may be so specified.
Those matters are—
the nature of the interest in the premises of the person on whom the notice is served;
the name and postal address of any other person known to him as having an interest in the premises;
the purpose for which the premises are being used;
the time when that use began;
the name and postal address of any person known to the person on whom the notice is served as having used the premises for that purpose;
the time when any activities being carried out on the premises began.
A notice under subsection (1) may require information to be given within 21 days after the date on which it is served, or such longer time as may be specified in it, or as the Secretary of State or, as the case may be, the local authority may allow.
Any person who, without reasonable excuse, fails to comply with a notice served on him under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Any person who, having been required by a notice under subsection (1) to give any information, knowingly makes any misstatement in respect of it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or both.
This section shall have effect as if the references to a local authority included references to a National Park authority.
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against accordingly.
a director, manager, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity,
In subsection (1) “director”, in relation to any body corporate— means a member of that body corporate.
which was established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, and
whose affairs are managed by its members,
Regulations made under this Act may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed, of—
an application for planning permission, or permission in principle, in respect of any development; and
an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.
Before making any regulations under this section, the Secretary of State shall consult with such local authorities or associations of local authorities as appear to him to be concerned.
Different provision may be made by any such regulations in relation to areas in which different enactments are in force.
If an application required to be made to a local authority under an enactment specified in any such regulations is made in accordance with the provisions of the regulations, it shall be valid notwithstanding anything in that enactment prescribing, or enabling any authority to prescribe, the form in which, or the manner in which, such an application is to be made.
Subsection (4) shall have effect without prejudice to—
the validity of any application made in accordance with the enactment in question; or
any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates.
In this section “application” includes a submission.
Any notice or other document required under this Act to be served on the Crown must be served on the appropriate authority.
Section 329 does not apply for the purposes of the service of such a notice or document.
“Appropriate authority” must be construed in accordance with section 293(2).
The Secretary of State may make regulations under this Act—
for prescribing the form of any notice, order or other document authorised or required by this Act to be served, made or issued by any local authority or National Park authority;
for any purpose for which regulations are authorised or required to be made under this Act (other than a purpose for which regulations are authorised or required to be made by another Minister).
Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.
Any statutory instrument containing regulations made under this Act (except regulations under section 88 or paragraph 15(5) or 16 of Schedule 4B and regulations which by virtue of this Act are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations may make different provision for different purposes.
Regulations made under this Act may make consequential, supplementary, incidental, transitional, transitory or saving provision.
The power of the Secretary of State to make development orders and orders under sections 2, 2A, 2F, 28, 55(2)(f), 61A(5) 87, 106BA(14), 149(3)(a) , 319 and 319A(9) shall be exercisable by statutory instrument.
Any statutory instrument— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
which contains an order under subsection (1) of section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section; or
which contains a development order made by the Secretary of State or an order made by the Secretary of State under section 2A, 2F, 28, 61A(5) ..., 87 or 149(3)(a),
Without prejudice to subsection (5) or (5B), where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 17) the order shall not have effect until that provision is approved by a resolution of each House of Parliament (in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers).
No regulations may be made under section 59A(9) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
No regulations may be made under section 100ZA(1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
Without prejudice to section 14 of the Interpretation Act 1978, any power conferred by any of the provisions of this Act to make an order, shall include power to vary or revoke any such order by a subsequent order.
The first regulations under section 319ZZC or 319ZZD may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
No regulations may be made under paragraph 2(4) of Schedule 7A (biodiversity gain condition) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
Subsection (3) does not apply to a statutory instrument containing regulations made by the Welsh Ministers.
A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Subsection (3C) does not apply to a statutory instrument if—
it contains only regulations under section 88(7),
it contains (whether alone or with other provision) regulations under section 315, or
it is within subsection (3F).
The Welsh Ministers may not make a statutory instrument within subsection (3F) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.
A statutory instrument is within this subsection if it contains (whether alone or with other provision) regulations under—
section 9, if the regulations include provision amending an Act of Parliament or an Act or Measure of the National Assembly for Wales;
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section 116;
section 303;
section 303ZA;
section 316, if the regulations relate to land of the Welsh Ministers or to the development of land by the Welsh Ministers;
section 319ZB.
The power of the Welsh Ministers to make development orders and orders under sections 2(1B), 55(2)(f), 87(3), 149(3)(a), 293(1)(c) and 319B(9) is exercisable by statutory instrument.
A development order made by the Welsh Ministers may make different provision for different purposes, for different cases (including different classes of development) and for different areas.
No order may be made under section 106BA(14) unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
No order may be made under section 319A(9) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
A statutory instrument containing any of the following is subject to annulment in pursuance of a resolution of the National Assembly for Wales—
an order under subsection (1B) of section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section,
a development order made by the Welsh Ministers, or
an order under section 87(3) or 149(3)(a) made by the Welsh Ministers.
The Welsh Ministers may not make a statutory instrument containing an order under section ... 293(1)(c) or 319B(9) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.
Orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision.
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Where the united district for which, by an order under section 2, a joint planning board is constituted comprises a licensing planning area, or the whole or part of such a united district is included in a licensing planning area, the Secretary of State may by order revoke or vary any order in force under Part VII of the Licensing Act 1964 so far as may be necessary or expedient in consequence of the order under section 2.
Subject to subsection (1), nothing in any order made under section 2 shall affect the validity of any order in force under Part VII of the Licensing Act 1964 if made before the date of the order under section 2.
This section applies to an interest in Crown land which is not a private interest.
Section 330 does not apply to an interest to which this section applies.
For a purpose mentioned in section 330(1) the Secretary of State may request the appropriate authority to give him such information as to the matters mentioned in section 330(2) as he specifies in the request.
The appropriate authority must comply with a request under subsection (3) except to the extent—
that the matter is not within the knowledge of the authority, or
that to do so will disclose information as to any of the matters mentioned in section 321(4).
Expressions used in this section and in Part 13 must be construed in accordance with that Part.
For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers imposed or conferred by it in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of the 1947 Act, or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 & 11 Geo. 6, for authorising or regulating any development of the land.
In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section and to any transitional provision made by the Planning (Consequential Provisions) Act 1990— “universal postal service provider” means a universal service provider within the meaning of Part 3 of the Postal Services Act 2011; and references to the provision of a universal postal service shall be construed in accordance with that Part; “urban development area” and “urban development corporation” have the same meanings as in Part XVI of the Local Government, Planning and Land Act 1980; “use”, in relation to land, does not include the use of land for the carrying out of any building or other operations on it; “Valuation Office” means the Valuation Office of the Inland Revenue Department; “war damage” has the meaning given in the War Damage Act 1943. “waste” includes anything that— is waste within the meaning of Article 3(1) of Directive 2008/98/ EC of the European Parliament and of the Council on waste as last amended by Directive (EU) 2018/851, and is not excluded from the scope of that definition by Article 2(1), (2) or (3); “the winning and working of minerals ” includes the extraction of minerals from a mineral working deposit.
In this Act—
any reference to a county (other than one to a county planning authority) shall be construed, in relation to Wales, as including a reference to a county borough;
any reference to a county council shall be construed, in relation to Wales, as including a reference to a county borough council; and
section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.
If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.
If any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.
Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.
With respect to references in this Act to planning decisions—
in relation to a decision altered on appeal by the reversal or variation of the whole or part of it, such references shall be construed as references to the decision as so altered;
in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Secretary of State on the appeal;
in relation to a decision given on an appeal in the circumstances mentioned in section 78(2), such references shall be construed as references to the decision so given;
the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the local planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 78(2), the end of the period there mentioned.
Section 56 shall apply for determining for the purposes of this Act when development of land shall be taken to be initiated.
Where— it shall be taken to have been received on the next working day, and in this subsection, “ working day ” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act, and
the communication is received by that person outside that person’s business hours,
In relation to the sale or acquisition of an interest in land—
in a case where the interest is or was conveyed or assigned without a preliminary contract, references in this Act to a contract are references to the conveyance or assignment; and
references to the making of a contract are references to the execution of it.
In this Act—
references to a person from whom title is derived by another person include references to any predecessor in title of that other person;
references to a person deriving title from another person include references to any successor in title of that other person;
references to deriving title are references to deriving title either directly or indirectly.
References in the planning Acts to any of the provisions of Parts III, VII and VIII include, except where the context otherwise requires, references to those provisions as modified under section 316 . . ..
In section 90, Chapter I of Part VI, and section 330 “local authority”, in relation to land in the Broads, includes the Broads Authority.
This Act may be cited as the Town and Country Planning Act 1990.
Except as provided in Part II and in Schedule 4 to the Planning (Consequential Provisions) Act 1990, this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.
This Act extends to England and Wales only.
The Welsh Ministers may by regulations require a relevant local planning authority to make arrangements under section 101 of the 1972 Act for a relevant function to be discharged by a committee, sub-committee or officer of the authority.
The regulations may prescribe the terms of the arrangements (which may include exceptions) and any permitted variations in those terms.
Where arrangements required by the regulations are in force in relation to a relevant function, the function may only be exercised in accordance with the arrangements (and section 101(4) of the 1972 Act does not apply).
The Welsh Ministers may by regulations prescribe requirements relating to the size and composition of a committee or sub-committee by which a relevant function is to be discharged.
A relevant local planning authority may not arrange for a relevant function to be discharged by a committee or sub-committee of the authority which fails to satisfy a requirement of regulations under this section.
If a committee or sub-committee discharging a relevant function fails to satisfy such a requirement, paragraph 43 of Schedule 12 to the 1972 Act (validity of proceedings) does not apply in relation to the failure.
Sections 101 and 102 of the 1972 Act have effect subject to sections 319ZA and 319ZB and any regulations made under them.
Where arrangements are in force under section 101(5) of the 1972 Act for two or more relevant local planning authorities to discharge any of their relevant functions jointly, sections 319ZA and 319ZB apply in relation to those functions as if—
references to a committee or sub-committee of a relevant local planning authority were references to a joint committee or sub-committee of those authorities;
references to an officer of a relevant local planning authority were references to an officer of any of those authorities.
Regulations under sections 319ZA and 319ZB may—
make different provision for different local planning authorities;
make special provision for cases where two or more authorities have made arrangements under section 101(1)(b) or (5) of the 1972 Act for the discharge of any of their relevant functions.
In sections 319ZA to 319ZC—
The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.
A determination under subsection (1) must provide for the proceedings to be considered in such one or more of the following ways as appear to the Secretary of State to be ... appropriate—
at a local inquiry;
at a hearing;
on the basis of representations in writing.
The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.
A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.
The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).
The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).
This section applies to—
an application made to the Secretary of State under section 62A;
an application referred to the Secretary of State under section 77 instead of being dealt with by a local planning authority in England;
an appeal under section 78 against a decision of a local planning authority in England;
an appeal under section 93I against a completion notice;
an appeal under section 106BC (appeals in relation to applications for modification or discharge of affordable housing requirements);
an appeal under section 174 against an enforcement notice issued by a local planning authority in England;
an appeal under section 195 against a decision of a local planning authority in England; and
an appeal under section 208 against a notice under section 207(1) issued by a local planning authority in England ; and
an application made to the Secretary of State under section 293D or 293E.
But this section does not apply to proceedings if they are referred to a Planning Inquiry Commission under section 101; and on proceedings being so referred, any determination made in relation to the proceedings under subsection (1) of this section ceases to have effect.
The Secretary of State may by order amend subsection (7) to—
add proceedings to, or remove proceedings from, the list of proceedings to which this section applies, or
otherwise modify the descriptions of proceedings to which this section applies.
An order under subsection (9) may—
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amend, repeal or revoke any provision made by or under this Act or by or under any other Act.
The Welsh Ministers must make a determination as to the procedure by which proceedings to which this section applies are to be considered.
A determination under subsection (1) must provide for the proceedings to be considered in such one or more of the following ways as appear to the Welsh Ministers to be appropriate—
at a local inquiry;
at a hearing;
on the basis of representations in writing.
The Welsh Ministers must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.
A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.
The Welsh Ministers must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).
In a case where an application has been made to the Welsh Ministers under section ... 62M or 62O, they must also notify any representative persons they consider appropriate.
The Welsh Ministers must publish the criteria which are to be applied in making determinations under subsection (1).
This section applies to—
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an application made to the Welsh Ministers under section 62M or 62O;
an application referred to the Welsh Ministers under section 77;
an appeal to the Welsh Ministers under section 78;
an appeal to the Welsh Ministers under section 174;
an appeal to the Welsh Ministers under section 195; and
an appeal to the Welsh Ministers under section 208.
But this section does not apply to proceedings if they are referred to a Planning Inquiry Commission under section 101; and on proceedings being so referred, any determination made in relation to the proceedings under subsection (1) ceases to have effect.
For the purposes of this section as it applies where an application has been made to the Welsh Ministers under section ... 62M or 62O—
The Welsh Ministers may by order amend subsection (7) to—
add proceedings to, or remove proceedings from, the list of proceedings to which this section applies, or
otherwise modify the descriptions of proceedings to which this section applies.
An order under subsection (9) may—
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amend, repeal or revoke any provision made by or under this Act or by or under any other Act.
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Where a local planning authority are not the local highway authority, the Secretary of State may include in a development order such provisions as he thinks fit enabling the local highway authority to impose restrictions on the grant by the local planning authority of planning permission for the following descriptions of development relating to land in the area of the local highway authority— The reference to a local planning authority in sub-paragraph (1) shall not be construed as including a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 of the Local Government, Planning and Land Act 1980, and no provision of a development order which is included in it by virtue of that sub-paragraph is to be construed as applying to such a corporation. The Secretary of State may include in a development order provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority of planning permission for such descriptions of development as may be specified in the order.
A local planning authority who have the function of determining applications for planning permission shall, if requested to do so by the council for any community or group of communities situated in their area, notify that council of— In sub-paragraph (1) “ relevant planning application ” means an application which— Any request made for the purposes of sub-paragraph (1) shall be in writing and shall state that the community council wishes to be notified of all relevant applications or all applications of a description specified in the request. An authority shall comply with the duty to notify a community council of an application by— and any notification falling within paragraph (b) shall be in writing. An authority shall comply with their duty to notify a community council of an alteration by— but they need not notify a community council of an alteration which in their opinion is trivial. A development order may require a local planning authority who are dealing with an application of which a community council is entitled to be notified—
Paragraphs 4 to 10 apply only in relation to any area for which, by virtue of any provision of or made under section 6, 7 or 8, there is more than one local planning authority.
In sections 178(1), 181(4)(b) and 190(2), (3) and (5) any reference to the local planning authority shall be construed as a reference to the authority who issued the notice or made the order in question or, in the case of a notice issued or an order made by the Secretary of State, the authority named in the notice or order.
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.
Where a local planning authority have made a tree preservation order under section 198 or the Secretary of State has made such an order by virtue of section 202, the powers of varying or revoking the order and the powers of dispensing with section 206 or serving, or appearing on an appeal relating to, a notice under section 207 shall be exercisable only by the authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order.
The copy of the notice required to be served by paragraph 4(5) of Schedule 8 on a local planning authority shall, in the case of a proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department, be served on the local planning authority who, in the opinion of the Secretary of State, would have been responsible for dealing with an application for planning permission for the development in question if such an application had fallen to be made. References in paragraphs 3(2) and 5(1) of that Schedule to the local planning authority shall be construed as references to the local planning authority on whom that copy is required to be served.
Claims for payment of compensation under section 107 (including that section as applied by section 108) and sections 115(1) to (4) and 186 shall, subject to sub-paragraph (3), be made to and paid by the local planning authority who took the action by virtue of which the claim arose or, where that action was taken by the Secretary of State, the local planning authority from whom the appeal was made to him or who referred the matter to him or, in the case of an order made or notice served by him by virtue of section 100, 104 or 185, the appropriate authority, and references in those sections to a local planning authority shall be construed accordingly. In this paragraph “ appropriate authority ” means— Sub-paragraph (2B) applies where the planning permission the revocation or modification of which gave rise to the claim was granted by the Welsh Ministers by virtue of section ... 62M or 62O. The local planning authority to which the application for planning permission would, but for the section in question, have been made, are to be treated for the purposes of sub-paragraph (2)(a) as having granted the permission. The Secretary of State may, after consultation with all the authorities concerned, direct that where a local planning authority is liable to pay compensation under any of the provisions mentioned in sub-paragraph (1) in any particular case or class of case they shall be entitled to be reimbursed the whole of the compensation or such proportion of it as he may direct from one or more authorities specified in the direction.
Claims for payment of compensation under a tree preservation order by virtue of section 203, and claims for payment of compensation under section 204 by virtue of directions given in pursuance of such an order, shall be made to and paid by the local planning authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order; and the reference in section 204(2) to the authority exercising functions under the tree preservation order shall have effect subject to the provisions of this paragraph.
The local planning authority by whom compensation is to be paid under section 279(1)(a) to statutory undertakers shall be the authority who referred the application for planning permission to the Secretary of State and the appropriate Minister, or from whose decision the appeal was made to them or who served the enforcement notice appealed against, as the case may be.
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 or county borough in which the land is situated as the authority by whom the obligation is enforceable.
A local development order must be prepared in accordance with such procedure as is prescribed by a development order. A development order may include provision as to— Sub-paragraph (2)(a) applies in relation to England as if for “submission, approval, adoption,” there were substituted “ adoption, post-adoption submission, ”. Regulations under this paragraph may include provision as to the matters relating to a local development order to be included in the report to be made by a local planning authority under section ... 76 of the Planning and Compulsory Purchase Act 2004.
The local planning authority may at any time prepare a revision of a local development order. An authority in England must prepare a revision of a local development order— An authority in Wales must prepare a revision of a local development order— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This Schedule applies to the revision of a local development order as it applies to the preparation of the order.
A local development order is of no effect unless it is adopted by resolution of the local planning authority.
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The report made by a local planning authority under section 76 of the Planning and Compulsory Purchase Act 2004 must include a report as to the extent to which the local development order is achieving its purposes. The National Assembly for Wales may prescribe the form and content of the report as it relates to the local development order.
Section 61E
A qualifying body is entitled to submit a proposal to a local planning authority for the making of a neighbourhood development order by the authority in relation to a neighbourhood area within the area of the authority. The proposal must be accompanied by— The proposal must— The qualifying body must send to prescribed persons a copy of— The Secretary of State may publish a document setting standards for— The documents and information accompanying the proposal (including the draft neighbourhood development order) must comply with those standards.
A qualifying body may withdraw a proposal at any time before the local planning authority make a decision under paragraph 12. If— the proposal is to be treated as withdrawn by the qualifying body at that time. If the withdrawal of the designation occurs after the proposal is submitted for independent examination under that paragraph, the withdrawal is not to affect the validity of the proposal.
A local planning authority must give such advice or assistance to qualifying bodies as, in all the circumstances, they consider appropriate for the purpose of, or in connection with, facilitating the making of proposals for neighbourhood development orders in relation to neighbourhood areas within their area. Nothing in this paragraph is to be read as requiring the giving of financial assistance.
Regulations may make provision as to requirements that must be complied with before proposals for a neighbourhood development order may be submitted to a local planning authority or fall to be considered by a local planning authority. The regulations may in particular make provision— The power to make regulations under this paragraph must be exercised to secure that—
A local planning authority may decline to consider a proposal submitted to them if they consider that it is a repeat proposal. A proposal (“the proposal in question”) is a “repeat” proposal for the purposes of this paragraph if it meets conditions A and B. Condition A is that in the period of two years ending with the date on which the proposal in question is received— Condition B is that the local planning authority consider that there has been no significant change in relevant considerations since the refusal of the proposal or the holding of the referendum. For the purposes of this paragraph “ relevant considerations ” means— If the authority decline to consider the proposal, they must notify the qualifying body of that fact and of their reasons for declining to consider it.
This paragraph applies if— The authority must consider— The authority must also consider whether the draft neighbourhood development order complies with the provision made by or under sections 61E(2), 61J and 61L. The authority must—
This paragraph applies if— The authority must submit for independent examination— The authority must make such arrangements as they consider appropriate in connection with the holding of the examination. The authority may appoint a person to carry out the examination, but only if the qualifying body consents to the appointment. If— the Secretary of State may appoint a person to carry out the examination. The person appointed must be someone who, in the opinion of the person making the appointment— The Secretary of State or another local planning authority may enter into arrangements with the authority for the provision of the services of any of their employees as examiners. Those arrangements may include—
The examiner must consider the following— A draft order meets the basic conditions if— Sub-paragraph (2)(b) applies in relation to a listed building only in so far as the order grants planning permission for development that affects the building or its setting. Sub-paragraph (2)(c) applies in relation to a conservation area only in so far as the order grants planning permission for development in relation to buildings or other land in the area. In this paragraph “ listed building ” means— The examiner is not to consider any matter that does not fall within sub-paragraph (1) (apart from considering whether the draft order is compatible with the Convention rights).
The general rule is that the examination of the issues by the examiner is to take the form of the consideration of written representations. But the examiner must cause a hearing to be held for the purpose of receiving oral representations about a particular issue at the hearing— The following persons are entitled to make oral representations about the issue at the hearing— The hearing must be in public. It is for the examiner to decide how the hearing is to be conducted, including— In making decisions about the questioning of a person's oral representations by another, the examiner must apply the principle that the questioning should be done by the examiner except where the examiner considers that questioning by another is necessary to ensure— Sub-paragraph (5) is subject to regulations under paragraph 11.
The examiner must make a report on the draft order containing recommendations in accordance with this paragraph (and no other recommendations). The report must recommend either— The only modifications that may be recommended are— The report may not recommend that an order (with or without modifications) is submitted to a referendum if the examiner considers that the order does not— If the report recommends that an order (with or without modifications) is submitted to a referendum, the report must also make— The report must— The examiner must send a copy of the report to the qualifying body and the local planning authority. The local planning authority must then arrange for the publication of the report in such manner as may be prescribed.
Regulations may make provision in connection with examinations under paragraph 7. The regulations may in particular make provision as to—
This paragraph applies if an examiner has made a report under paragraph 10. The local planning authority must— The authority must also consider such other matters as may be prescribed. If the authority are satisfied— a referendum in accordance with paragraph 14, and (if applicable) an additional referendum in accordance with paragraph 15, must be held on the making by the authority of a neighbourhood development order. The order on which the referendum is (or referendums are) to be held is the draft order subject to such modifications (if any) as the authority consider appropriate. The only modifications that the authority may make are— The area in which the referendum is (or referendums are) to take place must, as a minimum, be the neighbourhood area to which the proposed order relates. If the authority consider it appropriate to do so, they may extend the area in which the referendum is (or referendums are) to take place to include other areas (whether or not those areas fall wholly or partly outside the authority's area). If the authority decide to extend the area in which the referendum is (or referendums are) to take place, they must publish a map of that area. In any case where the authority are not satisfied as mentioned in sub-paragraph (4), they must refuse the proposal. The authority must publish in such manner as may be prescribed— The authority must send a copy of the matters required to be published to—
If— the authority must notify prescribed persons of their proposed decision (and the reason for it) and invite representations. If the authority consider it appropriate to do so, they may refer the issue to independent examination. Regulations may make provision about examinations under this paragraph (and the regulations may include any provision of a kind mentioned in paragraph 11(2)). This paragraph does not apply in relation to recommendations in relation to the area in which a referendum is to take place.
Regulations may make provision—
requiring any prescribed action falling to be taken by the local planning authority under paragraph 12 or 13 to be taken by a prescribed date;
imposing time limits for the submission of representations invited under paragraph 13(1).
This paragraph applies where the qualifying body requests the Secretary of State to intervene under this paragraph and— The Secretary of State may exercise functions of the local planning authority under paragraph 12(2) and (3) and— The Secretary of State may direct the authority to take the actions referred to in paragraph 12(8) and (9). If by reason (wholly or partly) of new evidence or a new fact, or a different view taken by the Secretary of State as to a particular fact, the Secretary of State proposes to direct the local planning authority to act in a way that is not in accordance with what was recommended by the examiner— The order on which a referendum is (or referendums are) to be held by virtue of sub-paragraph (2)(a) is the draft order subject to such modification (if any) as the Secretary of State or the local planning authority consider appropriate. The only modifications the local planning authority may make under sub-paragraph (5) are—
Regulations may make provision supplementing that made by paragraph 13B; and the regulations may in particular—
prescribe the form and content of a request by the qualifying body under paragraph 13B(1) and the date by which it must be made;
confer power on the Secretary of State to direct a local planning authority to refrain from taking any action specified in the direction that they would otherwise be required or entitled to take under paragraph 12 or 13;
make provision under which decisions falling to be made by the Secretary of State under paragraph 13B may be made instead by a person appointed by the Secretary of State for the purpose (an “inspector”);
prescribe matters that the Secretary of State or an inspector must take into account in making a decision;
require a local planning authority to provide prescribed information to the Secretary of State or to an inspector;
make provision about examinations carried out by virtue of paragraph 13B(4)(b) (including any provision of a kind mentioned in paragraph 11(2));
make provision (in addition to that made by paragraph 13B(4)(b)) for the holding of an examination, and for the payment by a local planning authority of remuneration and expenses of the examiner;
provide for the Secretary of State, or a local planning authority on the direction of the Secretary of State, to notify to prescribed persons and to publish—
prescribed decisions made by the Secretary of State under paragraph 13B,
the reasons for making those decisions, and
other prescribed matters relating to those decisions.
This paragraph makes provision in relation to a referendum that, as a result of paragraph 12(4) or a direction under paragraph 13B(2)(a), must be held on the making of a neighbourhood development order. A relevant council must make arrangements for the referendum to take place in so much of their area as falls within the area (“the referendum area”) in which the referendum is to take place (as determined under paragraph 12(7) and (8)). A “ relevant council ” means— A person is entitled to vote in the referendum if on the prescribed date— Sub-paragraph (4) does not apply in relation to so much of the referendum area as falls within the City of London. In that case a person is entitled to vote in the referendum if on the prescribed date— For the purposes of this paragraph—
The additional referendum mentioned in paragraph 12(4) must be held on the making of a neighbourhood development order if the draft order relates to a neighbourhood area that has been designated as a business area under section 61H. Sub-paragraph (2) of paragraph 14 is to apply in relation to the additional referendum as it applies in relation to a referendum under that paragraph. A person is entitled to vote in the additional referendum if on the prescribed date— “ Non-domestic ratepayer ” has the same meaning as in Part 4 of the Local Government Act 2003 (see section 59(1)). Regulations may make provision for excluding a person's entitlement to vote in the additional referendum.
The Secretary of State ... may by regulations make provision about referendums held under paragraph 14 or 15. The regulations may in particular make provision— The regulations may apply or incorporate, with or without modifications, any provision made by or under any enactment relating to elections or referendums. But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision. Before making the regulations, the Secretary of State ... must consult the Electoral Commission. In this paragraph “ enactment ” means an enactment, whenever passed or made.
In this Schedule—
Section 61Q
This Schedule makes special provision about a particular type of neighbourhood development order, which is to be known as a “community right to build order”. In their application to community right to build orders, the provisions of this Act relating to neighbourhood development orders have effect subject to the provision made by or under this Schedule. In its application to community organisations, section 61G (meaning of “neighbourhood area”) has effect subject to the provision made by this Schedule.
A neighbourhood development order is a community right to build order if— Regulations under sub-paragraph (1)(c) may prescribe a limit by reference to— In this paragraph “ specified ” means specified in the community right to build order.
For the purposes of this Schedule a “community organisation” is a body corporate— Regulations under sub-paragraph (1)(b) may make provision in relation to—
A community organisation is authorised for the purposes of a community right to build order to act in relation to a neighbourhood area (whether or not any part of the neighbourhood area falls within the area of a parish council) if— Accordingly, the community organisation is in that case to be regarded as a qualifying body for the purposes of section 61E. Nothing in section 61F is to apply in relation to community right to build orders except subsections (12)(a) and (13)(d) of that section. In particular, the reference in section 61F(10) to a neighbourhood development order is not to include a reference to a community right to build order (in a case where a community organisation is also a neighbourhood forum). But a local planning authority may decline to consider a proposal for a community right to build order or other neighbourhood development order if— If the authority decline to consider the proposal, they must notify the person making the proposal of that fact and of their reasons for declining to consider it. A proposal for a community right to build order must state that the proposal is for such an order.
A community organisation is to be regarded as a relevant body for the purposes of section 61G if— The application made by the community organisation may specify any area within the local planning authority's area, irrespective of whether or not any part of the specified area falls within the area of a parish council. This paragraph applies only if the application by the community organisation under section 61G is made in connection with a proposal (or an anticipated proposal) for a community right to build order.
A local planning authority must decline to consider a proposal for a community right to build order if they consider that— In determining whether or not the specified development is within sub-paragraph (1)(a), the authority must take into account any relevant criteria mentioned in Annex 3 to the EIA directive. If the authority decline to consider the proposal as a result of sub-paragraph (1), they must notify the community organisation making the proposal of that fact and of their reasons for declining to consider it. Regulations may make provision requiring the publication of any decisions made by a local planning authority under this paragraph. In this paragraph—
The provisions of Schedule 4B have effect in relation to community right to build orders with the following modifications.
Any reference in that Schedule to section 61E(2) includes a reference to paragraph 2 of this Schedule.
Any reference in that Schedule to section 61F includes a reference to paragraph 4 of this Schedule.
The provision made by sub-paragraphs (2) to (5) of this paragraph is to have effect instead of paragraph 12(4) to (6) and (10) of that Schedule. If the examiner's report recommends that the draft order is refused, the authority must refuse the proposal. If the examiner's report recommends that the draft order is submitted to a referendum (with or without modifications), a referendum in accordance with paragraph 14 of that Schedule must be held on the making by the authority of a community right to build order. The order on which the referendum is to be held is the order that the examiner's report recommended be submitted to a referendum subject to such modifications (if any) as the authority consider appropriate. The only modifications that the authority may make are— In consequence of the provision made by sub-paragraphs (2) to (5) of this paragraph— Any reference in this Act or any other enactment to paragraph 12 of Schedule 4B includes a reference to that paragraph as modified in accordance with this paragraph.
Regulations may make provision for securing that in prescribed circumstances— Each of the following is an “enfranchisement right”— The regulations may—
The provision that may be made by regulations under any provision of this Act relating to neighbourhood development orders includes different provision in relation to community right to build orders. Sub-paragraph (1) is not to be read as limiting in any way the generality of section 333(2A) (which provides that regulations may make different provision for different purposes).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unless a direction otherwise is given under paragraph 9—
an application made under section 62M or 62O is to be determined by a person appointed for the purpose by the Welsh Ministers under this paragraph;
functions exercisable by the Welsh Ministers, by virtue of section 61Z1, in respect of an application that a person proposes to make under section 62M or 62O, are to be exercised by a person appointed for the purpose by the Welsh Ministers under this paragraph.
Where a person has been appointed under paragraph ... 2 in respect of an application ..., the Welsh Ministers may at any time—
revoke the appointment, and
appoint another person, in respect of the application ..., under paragraph ... 2 ....
This paragraph applies for the purposes of paragraphs 5 to 14. References to an appointed person are to a person appointed to exercise functions under paragraph ... 2. References to a relevant application ... are to an application ..., or a proposed application, in respect of which functions are exercisable by a person other than the Welsh Ministers by virtue of the person's appointment under paragraph ... 2.
A person appointed under paragraph 2 to determine an application has, so far as the context permits, the same powers and duties that the Welsh Ministers have by virtue of provision made by a development order by virtue of section 75A.
Sub-paragraph (2) applies where any enactment (other than this Schedule)— So far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under paragraph 2, as if the reference to the Welsh Ministers were or included a reference to an appointed person.
Where a decision on a relevant application ... is determined by an appointed person, that person's decision is to be treated as being the decision of the Welsh Ministers (including for the purposes of section 284).
It is not a ground of application to the High Court under section 288 that the determination ought to have been made by the Welsh Ministers instead of an appointed person, unless the applicant challenges the person's power to make the determination before the person's decision is given. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh Ministers may direct that functions specified in the direction are to be exercised, in respect of a relevant application ..., by them instead of by a person appointed under ... paragraph 2.
A copy of a direction given under paragraph 9 in respect of a relevant application ... is to be served on—
the person (if any) appointed, in respect of the application ..., under paragraph ... 2;
the applicant;
in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned.
Sub-paragraph (2) applies where, in consequence of a direction under paragraph 9, a decision on an application ... is to be made by the Welsh Ministers instead of a person appointed under paragraph ... 2. In making their decision, the Welsh Ministers may take into account any report made to them by any person previously appointed under paragraph ... 2 in respect of the application.
Subject to that, for the purpose of the exercise of functions by the Welsh Ministers in consequence of a direction under paragraph 9, the application ... concerned is to be treated as though no appointment under paragraph ... 2 had ever been made.
The Welsh Ministers may by a further direction revoke a direction under paragraph 9 at any time before the decision on the application ... concerned has been made. On giving a direction under this paragraph, the Welsh Ministers must serve a copy of the direction on— Where a direction is given under this paragraph— the Welsh Ministers must appoint a person (the “new appointee”) under paragraph ... 2 ... in respect of the application ..., anything done by or on behalf of the Welsh Ministers in connection with the application ... that might have been done by a person appointed under paragraph ... 2 is, unless the new appointee directs otherwise, to be treated as having been done by that person, and subject to that, this Schedule applies as if no direction under paragraph 9 had been given.
Where an appointed person holds a hearing or inquiry in relation to a relevant application ..., the Welsh Ministers may appoint an assessor to assist the appointed person at the hearing or inquiry.
Section 90A
This Schedule makes provision for grants of planning permission in England to be subject to a condition to secure that the biodiversity gain objective is met. Paragraphs 2 to 12 have effect for the purposes of this Schedule.
The biodiversity gain objective is met in relation to development for which planning permission is granted if the biodiversity value attributable to the development exceeds the pre-development biodiversity value of the onsite habitat by at least the relevant percentage. The biodiversity value attributable to the development is the total of— The relevant percentage is 10%. The Secretary of State may by regulations amend this paragraph so as to change the relevant percentage.
References to the biodiversity value of any habitat or habitat enhancement are to its value as calculated in accordance with the biodiversity metric.
The biodiversity metric is a document for measuring, for the purposes of this Schedule, the biodiversity value or relative biodiversity value of habitat or habitat enhancement. The biodiversity metric is to be produced and published by the Secretary of State. The Secretary of State may from time to time revise and republish the biodiversity metric. Before publishing or republishing the biodiversity metric the Secretary of State must consult such persons as the Secretary of State considers appropriate. The Secretary of State may by regulations make transitional provision in relation to the revision and republication of the biodiversity metric. The Secretary of State must lay the biodiversity metric, and any revised biodiversity metric, before Parliament.
In relation to any development for which planning permission is granted, the pre-development biodiversity value of the onsite habitat is the biodiversity value of the onsite habitat on the relevant date. The relevant date is— But the person submitting the biodiversity gain plan for approval and the planning authority may agree that the relevant date is to be a date earlier than that specified in sub-paragraph (2)(a) or (b) (but not a date which is before the day on which this Schedule comes into force in relation to the development). This paragraph is subject to paragraphs 6 , 6A, 6B and 7.
If— the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.
a person carries on activities on land on or after 30 January 2020 otherwise than in accordance with—
planning permission, or
any other permission of a kind specified by the Secretary of State by regulations, and
as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been,
If— the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.
a person carries on activities on land on or after 25 August 2023 in accordance with a planning permission (other than the planning permission referred to in paragraph 5(1)),
on the relevant date, development for which that other planning permission was granted—
has not been begun, or
has been begun but has not been completed, and
as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been,
This paragraph applies where there is insufficient evidence of the biodiversity value of an onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A. The biodiversity value of the onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A is to be taken to be the highest biodiversity value of the onsite habitat which is reasonably supported by any available evidence relating to the onsite habitat.
Where planning permission is granted in respect of land which is registered in the biodiversity gain site register under section 100 of the Environment Act 2021, the pre-development biodiversity value of the land is the total of—
the biodiversity value of the onsite habitat on the relevant date, and
to the extent that it is not included within that value, the biodiversity value of the habitat enhancement which is, on that date, recorded in the register as habitat enhancement to be achieved on the land.
In relation to any development for which planning permission is granted, the post-development biodiversity value of the onsite habitat is the projected value of the onsite habitat as at the time the development is completed. That value is to be calculated by taking the pre-development biodiversity value and— This is subject to paragraph 9.
This paragraph applies in relation to any development for which planning permission is granted where— The increase in biodiversity value referred to in sub-paragraph (1) is to be taken into account in calculating the post-development biodiversity value of the onsite habitat only if the planning authority is satisfied that the condition in sub-paragraph (3) is met. The condition is that any habitat enhancement resulting from the works referred to in sub-paragraph (1)(a) will, by virtue of— be maintained for at least 30 years after the development is completed. The Secretary of State may by regulations amend sub-paragraph (3) so as to substitute for the period for the time being specified there a different period of at least 30 years.
“Registered offsite biodiversity gain” means any habitat enhancement of an offsite habitat, where— For the purposes of sub-paragraph (1) (and without prejudice to paragraphs 3 and 4(1)), a habitat enhancement is calculated as the amount by which the projected value of the offsite habitat as at the end of the maintenance period referred to in section 100(2)(b) of the Environment Act 2021 exceeds its pre-enhancement biodiversity value. The pre-enhancement biodiversity value of an offsite habitat is the biodiversity value of the offsite habitat on the relevant date. The relevant date is— But if— the pre-enhancement biodiversity value of the offsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities. References to the allocation of registered offsite biodiversity gain are to its allocation in accordance with the terms of the conservation covenant or planning obligation referred to in sub-paragraph (1)(a). The biodiversity value of registered offsite biodiversity gain is measured, under the biodiversity metric, in relation to development to which it is allocated.
“Biodiversity credits” means credits under section 101 of the Environment Act 2021.
In relation to development for which planning permission is granted— “Habitat enhancement” means enhancement of the biodiversity of habitat. References to the grant of planning permission include the deemed grant of planning permission.
This Part sets out rules for determining the local planning authority for the purposes of this Schedule.
The general rule is that the local planning authority is—
the local planning authority which granted the planning permission, or
the local planning authority which could have granted the planning permission had it not been granted by the Secretary of State or a person appointed by the Secretary of State.
The general rule does not apply where—
the Mayor of London has given a direction under section 2A (applications of strategic importance) (see instead paragraphs 12D and 12E);
a combined authority has granted planning permission in exercise of a power that corresponds to section 2A (see instead paragraph 12G);
an order is made under another Act providing for who is to be the local planning authority for the purposes of Schedule 7A (see instead paragraph 12H).
This paragraph applies where the Mayor of London has— The local planning authority is—
This paragraph applies where— The local planning authority is whichever of the following the Secretary of State determines is the local planning authority—
This paragraph applies where— The local planning authority is whichever of the following the person determining the appeal directs is the local planning authority—
This paragraph applies where a combined authority has granted planning permission in exercise of a function that— The local planning authority is—
In cases where a relevant order provides for the local planning authority, for the purposes of Schedule 7A the local planning authority is the person specified in the order. For the purposes of sub-paragraph (1), a “relevant order” means an order that is made under— This paragraph does not apply in relation to any case set out in paragraphs 12D to 12G (rules in cases involving the Mayor of London or combined authorities).
In a case where a direction has been given under section 266(1A) (application for planning permission by the statutory undertaker to be dealt with by the Secretary of State and appropriate Minister) and not been revoked, references to the Secretary of State are to be read as references to the Secretary of State and the appropriate Minister.
References in this Part of this Schedule to the local planning authority to whom an application for planning permission was made include references to the local planning authority to whom such an application would have been made had it not been made to the Secretary of State under section 62A.
Every planning permission granted for the development of land in England shall be deemed to have been granted subject to the condition in sub-paragraph (2). The condition is that the development may not be begun unless—
For the purposes of paragraph 13(2)(a), a biodiversity gain plan is a plan which— The matters are— The Secretary of State may by regulations make provision about— Section 327ZA applies to the power conferred by sub-paragraph (3) as if a biodiversity gain plan were an “associated document” within the meaning of that section.
For the purposes of paragraph 13(2)(b) a planning authority to which a biodiversity gain plan is submitted must approve the plan if, and only if, it is satisfied as to the matters specified in sub-paragraph (2). The matters are—
The Secretary of State may make regulations as to—
the procedure which a planning authority is to follow in determining whether to approve a biodiversity gain plan (including the time by which a determination must be made);
factors which may or must be taken into account in making such a determination;
appeals relating to such a determination.
Paragraph 13 does not apply in relation to—
development for which planning permission is granted—
by a development order, or
under section 293C (urgent Crown development), or
development of such other description as the Secretary of State may by regulations specify.
The Secretary of State may by regulations make provision modifying or excluding the application of this Part of this Schedule in relation to any development for which planning permission is granted where the onsite habitat is “irreplaceable habitat” as defined in the regulations. Regulations under this paragraph must make provision requiring, in relation to any such development, the making of arrangements for the purpose of minimising the adverse effect of the development on the biodiversity of the onsite habitat. Regulations under this paragraph may confer powers and duties, including powers and duties in relation to the giving of guidance, on Natural England.
The Secretary of State may by regulations make provision modifying the application of this Part of this Schedule in relation to— Regulations under this paragraph may include provision for a grant of planning permission referred to in sub-paragraph (1)(a) or (b) to be subject to conditions relating to meeting the biodiversity gain objective referred to in paragraph 2.
The Secretary of State may by regulations make provision modifying or excluding the application of this Part of this Schedule in relation to development for which— Regulations under this paragraph may in particular include provision— The conditions referred to in sub-paragraph (2)(b) may include conditions requiring—
The Secretary of State may by regulations make provision to apply this Part of this Schedule in relation to development for which planning permission is granted under section 141 or 177(1), with such modifications or exclusions as may be specified in the regulations.
Notes:
The following abbreviations are used in this Table:— 1946 c. 35 = The Building Restrictions (War-Time Contraventions) Act 1946 1951 c. 60 = The Mineral Workings Act 1951 1953 c. 49 = The Historic Buildings and Ancient Monuments Act 1953 1958 c. 69 = The Opencast Coal Act 1958 1969 c. 22 = The Redundant Churches and Other Religious Buildings Act 1969 1969 c. 48. = The Post Office Act 1969 1971 c. 78 = The Town and Country Planning Act 1971 1972 c. 5 = The Local Employment Act 1972 1972 c. 42 = The Town and Country Planning (Amendment) Act 1972 1972 c. 70 = The Local Government Act 1972 1973 c. 26 = The Land Compensation Act 1973 1973 c. 37 = The Water Act 1973 1973 c. 41 = The Fair Trading Act 1973 1974 c. 7 = The Local Government Act 1974 1974 c. 32 = The Town and Country Amenities Act 1974 1974 c. 36 = The Mines (Working Facilities and Support) Act 1974 1975 c. 24 = The House of Commons Disqualification Act 1975 1975 c. 10 = The Statute Law (Repeals) Act 1975 1975 c. 71 = The Housing (Consequential Provisions) Act 1975 1975 c. 76 = The Local Land Charges Act 1975 1977 c. 29 = The Town and Country Planning (Amendment) Act 1977 1977 c. 38 = The Administration of Justice Act 1977 1977 c. 40 = The Control of Office Development Act 1977 1977 c. 45 = The Criminal Law Act 1977 1977 SI/293 = The Local Authorities Etc. (Miscellaneous Provisions) Order 1977 1978 c. 30 = The Interpretation Act 1978 1979 c. 46 = The Ancient Monuments and Archaeological Areas Act 1979 1980 c. 43 = The Magistrates’ Courts Act 1980 1980 c. 65 = The Local Government, Planning and Land Act 1980 1980 c. 66 = The Highways Act 1980 1981 c. 36 = The Town and Country Planning (Minerals) Act 1981 1981 c. 38 = The British Telecommunications Act 1981 1981 c. 41 = The Local Government and Planning (Amendment) Act 1981 1981 c. 43 = The Disabled Persons Act 1981 1981 c. 54 = The Supreme Court Act 1981 1981 c. 64 = The New Towns Act 1981 1981 c. 66 = The Compulsory Purchase (Vesting Declarations) Act 1981 1981 c. 67 = The Acquisition of Land Act 1981 1981 c. 69 = The Wildlife and Countryside Act 1981 1982 c. 16 = The Civil Aviation Act 1982 1982 c. 21 = The Planning Inquiries (Attendance of Public) Act 1982 1982 c. 30 = The Local Government (Miscellaneous Provisions) Act 1982 1982 c. 48 = The Criminal Justice Act 1982 1982 c. 52 = The Industrial Development Act 1982 1982 SI/86 = The Town and Country Planning (Minerals) Act 1981 (Commencement No 1) Order 1982 1983 c. 47 = The National Heritage Act 1983 1984 c. 10 = The Town and Country Planning Act 1984 1984 c. 12 = The Telecommunications Act 1984 1984 c. 32 = The London Regional Transport Act 1985 c. 9 = The Companies (Consequential Provisions) Act 1985 1985 c. 19 = The Town and Country Planning (Compensation) Act 1985 1985 c. 51 = The Local Government Act 1985 1985 c. 52 = The Town and Country Planning (Amendment) Act 1985 1985 c. 71 = The Housing (Consequential Provisions) Act 1985 1986 c. 31 = The Airports Act 1986 1986 c. 63 = The Housing and Planning Act 1986 1986 c. 44 = The Gas Act 1986 1986 SI/452 = The Local Government Reorganisation (Miscellaneous Provision) (No 4) Order 1986 1987 c. 3 = The Coal Industry Act 1987 1988 c. 4 = The Norfolk and Suffolk Broads Act 1988 1988 c. 40 = The Education Reform Act 1988 1988 c. 50 = The Housing Act 1988 1989 c. 15 = The Water Act 1989 1989 c. 29 = The Electricity Act 1989 1989 c. 34 = The Law of Property (Miscellaneous Provisions) Act 1989 1989 c. 42 = The Local Government and Housing Act 1989 1989 c. 43 = The Statute Law (Repeals) Act 1989 1990 SI/465 = The Town and Country Planning (Blight Provisions) Order 1990 1990 SI/776 = The Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990
The Table does not show the effect of transfer of functions orders.
The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commission’s Report on the Consolidation of Certain Enactments relating to Town and Country Planning (Cmnd.958).
The entry “drafting” indicates a provision of a mechanical or editorial nature only affecting the arrangement of the consolidation. 1(1) 1971 c.78 s.1(1)(a), (2A); 1985 c.51 s.3(1); 1986 c.63, Sch.11 para. 14. (2) 1971 c.78 s.1(1)(b), (c); 1985 c.51 s.3(1). (3) 1972 c.70 s.182(2); 1985 c. 51 s.3(5). (4) 1971 c.78 s.1(2B); 1985 c. 51 s.3(3). (5)(a) 1971 c.78 s.1(6); 1972 c.70 Sch.16 para. 43(b); 1988 c.4 s.2(5), Sch.3 para. 8. (b) 1971 c.78 s.1(1). (c) 1972 s.182(2). 2(1),(2) 1971 c.78 s.1(2); 1972 c.70 s.182(1). (3) 1971 c.78 s.1(4). (4), (5) 1971 c.78 Sch.1 paras. 1, 2 . (6) 1971 c.78 Sch.1 para. 3; 1972 c.70 Sch.16 paras. 49,52; 1972 s.272(2). (7) 1971 c.78 s.1(6); 1972 c.70 s.182(2) Sch.16 para. 43(b); 1988 c.4 Sch. 3 para. 8. 3 (1) 1985 c.51 s.5(1), drafting. (2) to (4) 1985 c.51 s.5(2) to (4). 4(1) 1972 c.70 s.182(4); 1985 c. 51 s.7(1), Sch.3 para. 3(1). (2) 1972 c. 70 s.182(5); 1985 c. 51 Sch.3 para. 3(1); R 1. (3) 1972 c. 70 s.182(6). (4) 1985 c. 51 s.7(1), Sch.3 para. 2(2) (part). 5(1) 1971 c.78 ss.212(10), 280(10)(b); 1984 c.10 s.6(5); 1988 c.4 Sch.3 paras. 21, 23, 32, 48; R 2. (2),(3) 1971 c.78 ss.273A, 280(10)(a); 1972 c.70 Sch 16 para 10(5); 1988 c.4 Sch.3 paras. 7, 23, 28. 6(1) 1980 c.65 Sch.32 para. 5(7). (2) 1980 c.65 Sch.32 para. 15(2)(b)(i). (3) 1980 c.65 Sch.32 para. 20(1). (4) 1980 c.65 Sch.32 para. 25(1)(c). (5) 1980 c.65 Sch.32 para. 25(2). 7(1) to (4) 1980 c.65 s. 149(1) to (4). (5) 1980 c.65 s.149(11). 8(1) 1988 c.50 s.67(1). (2) 1988 c.50 s.67(3). 9 1971 c.78 s.1(5) 10 1985 c.51 s.4(1), Sch.3 para. 2(2)(part). 11 1985 c.51 Sch.1 para. 1. 12(1) 1985 c.51 Sch.1 para. 2(1). (2) to (4) 1985 c.51 Sch.1 para. 2(2). (5) to (9) 1985 c.51 Sch.1 para. 2(3) to (7). 13(1), (2) 1985 c.51 Sch.1 para. 3(1). (3), (4) 1985 c.51 Sch.1 para. 3(2). (5) to (7) 1985 c.51 Sch.1 para. 3(3) to (5). 14 1985 c.51 Sch.1 para. 4. 15 1985 c.51 Sch.1 para. 5. 16(1) to (3) 1985 c.51 Sch.1 para. 6(1). (4), (5) 1985 c.51 Sch.1 para. 6(2), (3). 17(1) 1985 c.51 para. 6A; 1986 c.63 Sch. 10 Pt.II para. 2. (2) 1985 c.51 para. 6A; 1986 c.63 Sch. 10 Pt.II para. 2. 18(1), (2) 1985 c.51 Sch.1 para. 7(1). (3), (4) 1985 c.51 Sch.1 para. 7(2), (3). 19 1985 c.51 Sch.1 para. 8. 20 1985 c.51 Sch.1 para. 9. 21(1) 1985 c.51 Sch.1 para. 10(1). (2) 1985 c.51 Sch.1 para. 10(2); 1986 c.63 Sch.10 Pt.II para. 3. (3) 1985 c.51 Sch.1 para. 10(3). 22 1985 c.51 Sch. 1 para. 10A; 1986 c.63 Sch. 10 Pt.II para. 4. 23(1) 1985 c.51 Sch.1 para. 12(1), and (7) (part). (2) 1985 c.51 Sch.1 para. 12(3). (3), (4) 1985 c.51 Sch.1 para. 12(2). (5), (6) 1985 c.51 Sch.1 para. 12(4). (7), (8) 1985 c.51 Sch.1 para. 12(5), (6). (9) 1985 c.51 Sch.1 para. 12(7)(a); 1986 c.63 Sch.11 para. 26. (10) 1985 c.51 Sch.1 para. 12(7)(b),(7A); 1986 c.63 Sch.11 para. 26. (11) 1985 c.51 Sch.1 para. 12(8). 24 1985 c.51 Sch.1 para. 11. 25 1985 c.51 Sch. 1 para. 13. 26(1) 1985 c.51 Sch.1 para. 14(1). (2) 1985 c.51 Sch.1 para. 14(1); R 3. (3), (4) 1985 c.51 Sch.1 para. 14(2), (3). 27 1985 c.51 Sch.1 para. 15. 28(1),(2) 1985 c.51 s.4(1), Sch. 3, para 2(2)(part). (3) 1985 c.51 s.4(2), Sch.1 para. 18(1),20(2)(part) drafting. (4) 1985 c.51 s.103(1)(part). 29 Drafting. 30(1) 1971 c.78 s.6(1)(part), (2). (2) 1971 c.78 s.6(3). (3) 1971 c.78 s.6(5)(part). (4) 1971 c.78 s.6(4). 31(1) Drafting. (2) 1971 c.78 s.7(1A); 1980 c.65 s.89, Sch.14 para. 2(a). (3) 1971 c.78 s.7(6); 1980 c.65 s.89, Sch.14 para. 2(c). (4) 1971 c.78 s.7(4); 1982 c.30. Sch 6 para 7. (5) 1971 c.78 s.7(7)(part). 32(1), (2) 1971 c.78 s.10(1); 1980 c.65 Sch.14 para. 5. (3) to (7) 1971 c.78 s.10(2) to (6); 1980 c.65 Sch.14 para. 5. 33(1),(2) 1971 c.78 ss.8(1),10(7); 1980 c.65 Sch.14 para. 3(a). (3),(4) 1971 c.78 s.8(2); 1980 c.65 Sch.14 para. 3(b). (5) 1971 c.78 s.8(3). (6), (7) 1971 c.78 s.8(4). (8) to (10) 1971 c.78 s.8(5) to (7). 34(1) 1971 c.78 s.10B(1); 1972 c.42 s.2; R 4. (2) 1971 c.78 s.10B(1); 1972 c.42 s.2; R 4. (3) 1971 c.78 s.10B(2); 1972 c.42 s.2; R 4. (4), (5) 1971 c.78 s.10B(3); 1972 c.42 s.2; R 4. 35(1) 1971 c.78 ss.9(1),10(7). (2) 1971 c.78 s.9(2). (3) 1971 c.78 s.9(3); 1972 c.42 s.3(1). (4) 1978 c.78 s.10(8) (5) 1971 c.78 s.9(4); 1972 c.42 s.3(1). (6), (7) 1971 c.78 s.9(5); 1972 c.42 s.3(1). (8) to (10) 1971 c.78 s.9(6) to (8); 1972 c.42 s.3(1). 36(1) to (3) 1971 c.78 s.11(1) to (3); 1986 c.63 Sch.10. (4) to (5) 1971 c.78 s.11(5); 1986 c.63 Sch.10. (6), (7) 1971 c.78 s.11(6),(7); 1986 c.63 Sch.10. 37 1971 c.78 s.11A; 1986 c.63 Sch. 10 Pt. I. 38 1971 c.78 s.11B; 1986 c.63 Sch. 10 Pt. I. 39(1) 1971 c.78 s.12(1); 1986 c.63 Sch.10. (2), (3) 1971 c.78 s.12(2); 1986 c.63 Sch.10. (4) to (6) 1971 c.78 s.12(3) to (5); 1986 c.63 Sch.10. 40(1) to (3) 1971 c.78 s.12A(1) to (3); 1986 c.63 Sch.10 Pt. I. (4), (5) 1971 c.78 s.12A(4); 1986 c.63 Sch. 10 Pt. I. 41 1971 c.78 s.12B; 1986 c.63 Sch. 10 Pt. I. 42 1971 c.78 s.13; 1986 c.63 Sch. 10 Pt. I. 43 1971 c.78 s.14; 1986 c.63 Sch. 10 Pt. I. 44 1971 c.78 s.14A; 1986 c.63 Sch. 10 Pt. I. 45 1971 c.78 s.14B; 1986 c.63 Sch. 10 Pt. I. 46(1) 1971 c.78 s.11(4); 1986 c.63 Sch. 10 Pt. I. (2) to (6) 1971 c.78 s.15; 1986 c.63 Sch. 10 Pt. I. 47(1), (2) 1971 c.78 s.15A(1); 1986 c.63 Sch.10. (3) to (6) 1971 c.78 s.15A(2) to (5); 1986 c.63 Sch.10. 48 1971 c.78 s.15B; 1986 c.63 Sch. 10 Pt. I. 49 1971 c.78 s.16; 1980 c.66 Sch.24 para. 20(a). 50(1) 1972 c.70 Sch.16 para. 9(1); 1980 c.65 Sch.14 para. 17. (2) 1972 c.70 Sch.16 paras. 8(3),9(2). (3) 1972 c.70 Sch.16 paras. 8(2),9(2); 1971 c.78 s.10(7); 1982 c.30 Sch.6 para. 7(a). (4) 1972 c.70 Sch.16 paras. 8(4), 9; R 5. (5) 1971 c.78 s.10B(1); 1972 (c.42) s.2. (6) 1972 c.70 Sch.16 para. 10; 1986 c.63 Sch.11 para. 23. (7) 1972 c.70 Sch.16 para. 11; 1986 c.63 Sch.11 para. 23. (8) 1972 c.70 Sch.16 para. 12; 1986 c.63 Sch.11 para. 23. (9) 1972 c.70 Sch.16 para. 13; R 6. 51(1) 1971 c.78 s.17(1); 1972 c.70 Sch.16 paras.4, 52. (2), (3) 1971 c.78 s.17(2), (3). (4) 1971 c.78 s.17(4), (5). 52(1), (2) 1980 c.65 Sch.32 para. 23(1), (2). (3) 1980 c.65 Sch.32 para. 23(4). 53(1)(2) 1971 c.78 s.18(1), 1986 c.63 Sch.11 para. 15; 1972 c.70 Sch.16 paras.5, 52. (3) to (5) 1971 c.78 s.18(2) to (4). 54(1) 1971 c.78 s.20(1); 1980 c.66 Sch.24 para. 20. (2) to (5) 1971 c.78 s.20(3) to (5). 55(1) 1971 c.78 s.22(1). (2) 1971 c.78 s.22(2); 1986 c.63 Sch. 11 para. 1. (3) 1971 c.78 s.22(3). (4) 1971 c.78 s.22(3A); 1981 c.36 s.1(1). (5) 1971 c.78 s.22(4). (6) 1971 c.78 s.22(5). 56(1) 1971 c.78 s.290(5). (2), (3) 1971 c.78 ss. 24C(4), 24D(6), 24E(4), 43(1), 44(1); 1980 c.65 Sch.32 para. 26(1A); 1986 c.63 ss.25(1), 54 (2). (4) 1971 c.78 s.43(2). (5) 1971 c.78 s.43(3) (part). (6) 1971 c.78 s.43(3) (part). 57(1) 1971 c.78 s.23(1). (2) 1971 c.78 s.23(5). (3) 1971 c.78 s.23(8) (part). (4) 1971 c.78 s.23(9); 1982 c.30 s.47(1), Sch. 6 para. 7. (5) 1971 c.78 s.23(6), (8) (part). (6) 1971 c.78 s.23(10). (7) 1971 c.78 s.23(1). 58 1971 c.78 ss.24(1), (2), 24A(2), 40; 1980 c.65 Sch.32 para. 17. 59(1) 1971 c.78 s.24(1). (2) 1971 c.78 s.24(2). (3) 1971 c.78 s.24(3) (part); 1986 c.63 Sch. 11 para. 2. 60(1) 1971 c.78 s.24(4). (2), (3) 1971 c.78 s.24(5). (4) 1971 c.78 s.24(6). 61(1) 1971 c.78 s.24(3)(a); 1986 c.63 Sch. 11 para. 2. (2) 1971 c.78 s.24(7). (3) 1971 c.78 s.24(8); 1980 c.66 Sch. 24 para. 20(c). 62 1971 c.78 s.25 63(1), (2) 1971 c.78 s.32(1). (3) 1971 c.78 s.32(2)(part). (4) 1971 c.78 s.32(3). (5) 1971 c.78 s.32(2). 64(1) 1971 c.78 s.53(1) (part), (2)(part); 1980 c.65 Sch. 32 para. 18(3); 1986 c.63 Sch. 6 Pt ll para. 3. (2) 1971 c.78 s.53(1) (part). (3) 1971 c.78 s.53(2). 65(1) to (4) 1971 c.78 s.26(1) to (4). (5), (6) 1971 c.78 s.26(5). (7), (8) 1971 c.78 s.26(6). (9) 1971 c.78 s.26(7). 66(1) 1971 c.78 s.27(1)(a), (b), (c), (d); 1980 c.65 Sch. 15 para. 2. (2), (3) 1971 c.78 s.27(2). (4), (5) 1971 c.78 s.27(3). (6) 1971 c.78 s.27(4). (7) 1971 c.78 s.27(7); 1978 c.30 s.17; 1980 c.65 Sch. 15 para. 3. 67(1) Drafting. (2) 1971 c.78 s.27(1A); 1981 c.36 s.4(2). (3) 1971 c.78 s.27(1), (part)(1A); 1981 c.36 s.4(1). (4) 1971 c.78 s.27(1B); 1981 c.36 s.4(2). (5), (6) 1971 c.78 s.27(2) (part). (7) 1971 c.78 s.27(2A); 1981 c.36 s.4(4). (8), (9) 1971 c.78 s.27(2B); 1981 c.36 s.4(4). (10) 1971 c.78 s.27(2C); 1981 c.36 s.4(4). (11) 1971 c.78 s.27(2) to (4); drafting; R 7. 68(1) 1971 c.78 ss.26(8)(part), 27(5)(part). (2) 1971 c.78 s.26(8) (part), s.27(5) (part); 1982 c.48 ss.38, 46. (3) 1971 c.78 ss.26(9), 27(6) (part). (4) 1971 c.78 s.27(6) (part). 69(1) 1971 c.78 s.34(1) (part). (2) 1971 c.78 s.34(1) (part); 1986 c.63 Sch. 6, Pt II para. 1. (3) 1971 c.78 s.34(2) (part). (4) 1971 c.78 s.34(2) (part). (5) 1971 c.78 s.34(3). 70(1) 1971 c.78 s.29(1) (part); 1986 c.63 Sch. 11 Pt I para. 16. (2) 1971 c.78 s.29(1) (part). (3) 1971 c.78 s.29(1) (part), drafting. 71(1) 1971 c.78 s.29(2). (2) 1971 c.78 s.29(3); R 7. (3) 1971 c.78 s.29(5). (4) 1971 c.78 s.29(6). 72(1) 1971 c.78 s.30(1). (2) 1971 c.78 s.30(2). (3) 1971 c.78 s.30(3) (part). (4) 1971 c.78 s.30(3)(part); 1981 c.36 Sch.1 para. 1. (5) Drafting; 1971 c.78 s.30(2)(part); 1981 c.36 Sch.1 para. 1. 73(1) 1971 c.78 s.31A(1); 1986 c.63 Sch.11 para. 4. (2) 1971 c.78 s.31A(3); 1986 c.63 Sch.11 para. 4. (3) 1971 c.78 s.31A(2); 1986 c.63 Sch.11 para. 4. (4) 1971 c.78 S.31A(4); 1986 c.63 Sch.11 para. 4. 74(1) 1971 c.78. s.31(1) (part); 1972 c.70 Sch. 16 para. 22; 1980 c.65 Sch. 15 para. 4(1). (2) 1971 c.78 s.31(1) (part). 75(1) 1971 c.78 s.33(1). (2), (3) 1971 c.78 s.33(2). 76(1) 1971 c.78 ss.29A(1) (part), 29B(1) (part); 1981 c.43 s.3; 1988 c.40 Sch.12 para. 70. (2) 1971 c.78 ss.29A(1) (part), (2); 29B(1) (part); 1981 c.43 s.3; 1986 c.63 Sch.11 para. 3, Sch. 12 Pt. III. (3) 1971 c.78 s.29B(1A); 1988 c.40 Sch.12 para. 70. 77(1) to (3) 1971 c.78 s.35(1) to (3). (4) 1971 c.78 s.35(4)(part); 1981 c.36 Sch.1 para. 2; 1986 c.63 Sch.11 para. 17. (5), (6) 1971 c.78 s.35(5). (7) 1971 c.78 s.35(6). 78(1) 1971 c.78 s.36(1); 1980 c.65 Sch. 15 para. 4(2). (2) 1971 c.78 s.37 (part); 1980 c.65 Sch. 15 para. 4(3). (3) 1971 c.78 s.36(2) (part). (4) 1971 c.78 ss.36(2) (part), 37 (part). (5) 1971 c.78 s.37 (part); R 8(a), (c), (d). 79(1) 1971 c.78 ss.36(3), 37. (2), (3) 1971 c.78 s.36(4). (4) 1971 c.78 s.36(5); 1981 c.36 Sch. 1 para. 3; 1986 c.63 Sch.11 para. 17. (5) 1971 c.78 s.36(6). (6) 1971 c.78 s.36(7); 1986 c.63 Sch. 11 para. 18. (7) 1971 c.78 s.36(8). 80(1), (2) 1971 c.78 s.38(1), (2). (3) 1971 c.78 s.38(4). (4) 1971 c.78 s.38(3). 81(1), (2) 1971 c.78 s.39(1). (3), (4) 1971 c.78 s.39(2), (3). 82 1971 c.78 s.24A(1) to (3); 1986 c.63 s.25(1). 83(1) 1971 c.78 s.24A(4)(a); 1986 c.63 s.25(1). (2) 1971 c.78 s.24A(4)(b); 1971 c.78 Sch.8A para. 2(1); 1986 c.63 s.25(1). (3) 1971 c.78 s.24A(5); 1986 c.63 s.25(1). 84(1), (2) 1971 c.78 s.24B(1); 1986 c.63 s.25(1). (3), (4) 1971 c.78 s.24B(2) (part); 1986 c.63 s.25(1). 85 1971 c.78 s.24C(1), (2); 1986 c.63 s.25(1). 86(1) to (5) 1971 c.78 s.24D(1) to (5); 1986 c.63 s.25(1). (6) 1971 c.78 s.24D(6) (part); 1986 c.63 s.25(1). 87(1) 1971 c.78 s.24E(1); 1986 c.63 s.25(1); 1988 c.4 Sch.3 para. 10. (2), (3) 1971 c.78 s.24E(2), (3); 1986 c.63 s.25(1). (4) 1971 c.78 s.24E(4) (part); 1986 c.63 s.25(1). 88(1) 1980 c.65 Sch.32 paras. 5(4)(a), 17(1). (2) 1980 c.65 Sch.32 paras. 11(3), 17(2). (3) to (6) 1980 c.65 Sch.32 para. 17(3) to (6). (7) 1980 c.65 Sch.32 para. 25(1)(a), (b). (8) 1980 c.65 Sch.32 para. 25(2). (9), (10) 1980 c.65 Sch.32 para. 17(7), (8). 89(1) 1980 c.65 Sch.32 para. 21; 1986 c.63 s.54(1). (2) 1980 c.65 Sch.32 para. 22(1); 1986 c.63 s.54(1). 90(1) 1971 c.78 s.40(1) (2) 1989 c.29 Sch. 8 para. 7(1). (3) 1971 c.78 s.40(2); 1989 c.29 Sch. 8 para. 7(3). (4) 1971 c.78 s.40(3) (5) 1989 c.29 Sch. 8 para. 7(4). 91(1), (2) 1971 c.78 s.41(1). (3) 1971 c.78 s.41(2). (4) 1971 c.78 s.41(3); 1980 c.65 Sch.32 para. 18(2); 1981 c.36 s.6; 1986 c.63 Sch.6 Pt II para. 2. 92 1971 c.78 s.42 93 1971 c.78 s.43(4) to (7); 1989 c.29 Sch. 8 para 7(3). 94(1) 1971 c.78 ss.44(1), 24C(3); 1980 c.65 Sch. 32 para. 22(2); 1986 c.63 ss.25, 54(1). (2), (3) 1971 c.78 s.44(2). (4) 1971 c.78 s.44(3)(a). (5), (6) 1971 c.78 s.44(6). 95(1), (2) 1971 c.78 s.44(3)(b). (3) 1971 c.78 s.44(4). (4), (5) 1971 c.78 s.44(5). 96(1), (2) 1971 c.78 s.276(5); 1981 c.41 Sch. para. 24. (3) 1971 c.78 s.276(5) (part); 1981 c.41 Sch. para. 24. 97(1), (2) 1971 c.78 s.45(1). (3) 1971 c.78 s.45(4) (part). (4) 1971 c.78 s.45(4) (proviso). (5) 1971 c.78 s.45(5); 1981 c.36 s.8. 98(1) 1971 c.78 s.45(2) (part). (2) to (5) 1971 c.78 s.45(3). (6) 1971 c.78 s.45(2) (part). 99(1) 1971 c.78 s.46(1); 1974 c.7 Sch.6 para. 25(3), Sch.8. (2) 1971 c.78 s.46(1)(part), (2)(part). (3) 1971 c.78 s.46(3); 1974 c.7 Sch.8. (4) 1971 c.78 s.46(2)(a)(part). (5) 1971 c.78 s.46(2)(b)(part). (6) to (8) 1971 c.78 s.46(4) to (6). 100(1) to (3) 1971 c.78 s.276(1); 1974 c.7 Sch. 6 para. 25(12), Sch. 8. (4) to (6) 1971 c.78 s.276(4). (7) 1971 c.78 s.276(2), (3). (8) 1971 c.78 s.45(5); R 9. 101(1) 1971 c.78 ss.47(1), 48(1) (part). (2) 1971 c.78 s.48(1). (3) 1971 c.78 s.48(2). (4) 1971 c.78 s.48(8); drafting. (5) 1971 c.78 s.47(6) (part). 102(1) 1971 c.78 s.51(1). (2), (3) 1971 c.78 s.51(2). (4) 1971 c.78 s.51(3) (part). (5) 1971 c.78 s.51(3) (part) and s.32(3). (6) 1971 c.78 s.51(8). (7) 1971 c.78 s.51(9). (8) 1971 c.78 s.51(1A); 1981 c.36 s.9; drafting. 103(1) 1971 c.78 s.51(4). (2) 1971 c.78 s.51(5). (3) to (6) 1971 c.78 s.51(6). (7) 1971 c.78 s.51(7). (8) 1971 c.78 s.51(9). 104(1) 1971 c.78 s.276(1) (part), (2) (part). (2), (3) 1971 c.78 s.276(1) (part). (4) to (7) 1971 c.78 s.276(4) (part). (8) 1971 c.78 s.276(2),(3). 105(1) 1971 c.78 s.264A(1); 1981 c.36 s.3. (2) 1971 c.78 s.264A(2); 1981 c.36 s.3. 106(1) 1971 c.78 s.52(1) (part). (2) 1971 c.78 s.52(1) (part). (3), (4) 1971 c.78 s.52(2), (3). 107(1) 1971 c.78 s.164(1); 1974 c.7, Sch. 6 para. 25(11), Sch. 8;1981 c.36 ss.12, 34, Sch. 1 para. 4. (2) to (5) 1971 c.78 s.164(2) to (5). 108(1) 1971 c.78 s.165(1),(2) (part). (2) 1971 c.78 s.165(1A). (3) 1971 c.78 s.165(3); 1985 c.19 s.1(1). 109(1) 1971 c.78 s.166(1). (2) 1971 c.78 ss.165(2) (part), 166(2). (3), (4) 1971 c.78 ss.156(2),(3), 166(3). (5) 1971 c.78 s.166(4). (6) 1971 c.78 ss.165(2), 166(6). 110(1) 1971 c.78 s.166(5). (2) 1971 c.78 ss.158(4) (part), 166(5); 1972 c.70 s. 179(3). (3) 1971 c.78 ss.158(4) (part), 165(2) (part), 166(5). (4) 1971 c.78 ss.158(5), 166(5). (5) 1971 c.78 ss.158(6), 166(5). 111(1) 1971 c.78 ss.159(1), 168(1). (2) 1971 c.78 ss.159(2), 168(1). (3) 1971 c.78 ss.159(3), 168(1). (4) 1971 c.78 ss.165(2), 168(1),(proviso). (5) 1971 c.78 s.168(4). 112(1) 1971 c.78 ss.160(1), 168(1). (2), (3) 1971 c.78 ss.160(2), 168(1). (4) 1971 c.78 ss.160(3), 168(1). (5) 1971 c.78 ss.160(4), 168(1). (6) 1971 c.78 ss.160(5)(a), 168(1). (7) 1971 c.78 ss.160(5)(a) (part), 168(1). (8) 1971 c.78 ss.160(5)(b), 168(1). (9), (10) 1971 c.78 ss.160(6), 168(1). (11) 1971 c.78 s.168(2). (12) 1971 c.78 s.168(3). (13) 1971 c.78 s.168(3),(proviso). 113 1971 c.78 ss. 165(2), 167. 114(1) to (3) 1971 c.78 s.169(1) to (3). (4), (5) 1971 c.78 s.169(4) (part). (6) 1971 c.78 s.169(6),(6A); 1985 c.19 s.1(2). (7), (8) 1971 c.78 s.169(7),(8). 115(1) 1971 c.78 s.170(1); 1981 c.36 s.34, Sch. 1 para. 5. (2) 1971 c.78 s.170(2); 1981 c.36 s.14. (3), (4) 1971 c.78 s.170(3),(4). (5) 1971 c.78 ss.170(1)(part), 170A (part); 1981 c.36 s.15, Sch. 1 para. 5; R 10. (6) 1971 c.78 ss.170(1), 170A (part); 1981 c.36 s.15; R 10. 116 Drafting. 117(1) 1971 c.78 s.178(1). (2) 1971 c.78 s.178(2); 1981 c.36 Sch. 1 para. 6. (3) 1971 c.78 s.178(3). 118(1) 1971 c.78 s.179(1) (part). (2) 1971 c.78 s.179(2) (part). 119(1) 1971 c.78 s.134(1), (2). (2) Drafting. (3) 1971 c.78 s.134(3). (4) 1971 c.78 s.134(4); 1972 c.70 Sch. 16 para. 33. 120 1971 c.78 s.146. 121(1) 1971 c.78 s.147(1). (2), (3) 1971 c.78 s.147(2). (4) 1971 c.78 s.147(3). (5) 1971 c.78 s.147(4) (part). (6) 1971 c.78 s.147(4),(proviso); 1973 c.37 Sch. 8 para. 94. (7) 1971 c.78 s.147(5). (8) 1971 c.78 s.147(6). 122(1) 1971 c.78 s.148(1). (2) 1971 c.78 s.148(1),(proviso). (3) 1971 c.78 s.148(2). (4) 1971 c.78 s.148(3). 123(1),(2) 1971 c.78 s.149(1),(2); 1987 c.3 s.1. (3), (4) 1971 c.78 s.149(3); 1987 c.3 s.1. (5) 1971 c.78 s.149(4): 1987 c.3 s.1. 124 1971 c.78 s.150. 125 1971 c.78 s.152. 126 1971 c.78 s.153. 127(1),(2) 1971 c.78 s.154(1),(2)(part). (3) 1971 c.78 s.154(2),(proviso). (4) 1971 c.78 s.154(3). (5), (6) 1971 c.78 s.154(4). (7), (8) 1971 c.78 s.154(5). 128 1971 c.78 s.155. 129 1971 c.78 s.156. 130 1971 c.78 s.157. 131 1971 c.78 s.158(1) to (3). 132(1),(2) 1971 c.78 s.158(4); 1972 c.70 s. 179(3), Sch. 30. (3) 1971 c.78 s.158(5); 1975 c.76 Sch. 1. (4) 1971 c.78 s.158(6). 133 1971 c.78 s.159. 134(1) 1971 c.78 s.160(1). (2),(3) 1971 c.78 s.160(2). (4),(5) 1971 c.78 s.160(3),(4). (6) to (8) 1971 c.78 s.160(5). (9),(10) 1971 c.78 s.160(6). 135 1971 c.78 s.162; R 11. 136(1) 1971 c.78 s.163(1) (part). (2) 1971 c.78 s.163(1),(proviso). (3) 1971 c.78 s.163(2). 137(1)(a) 1971 c.78 s.180(1), (part). (b) 1971 c.78 s.188(1), (part). (c) 1971 c.78 s.189(1), (part). (2)(a) 1971 c.78 ss.180(1)(part),(7), 188(1)(part),(2)(part); 1972 c.70 s. 179(3), Sch.30. (b) 1971 c.78 s.189(1)(part),(2)(part); 1972 c.70 s. 179(3), Sch.30. (3) 1971 c.78 ss.180(1)(part), 188(1)(part). (4) 1971 c.78 s.189(1)(part). (5) 1971 c.78 s.180(4); 1986 c.63 Sch.12 Pt.III. (6) 1971 c.78 s.180(5); R 12. (7) 1971 c.78 s.180(6); R 12, R 41. (8) 1971 c.78 s.189(5). 138(1) 1971 c.78 ss.180(2) (part), 188(2) (part), 189(2) (part). (2) 1971 c.78 ss.180(2) (part), 188(3) (part), 189(3) (part), 198(3) (part). 139(1) 1971 c.78 ss.181(1) (part), 188(2) (part), 189(2) (part); 1986 c.63 Sch.11 para. 5(1)(a). (2) 1971 c.78 s.181(1) (part), s.188(2) (part); s.189(2) (part). (3) 1971 c.78 s.181(2), s.188(2) (part) s.189(2) (part). (4) 1971 c.78 s.181(3), s.188(2) (part); s.189(2) (part), 1986 c.63 Sch. 11 para. 5(1)(b). (5) 1971 c.78 s.208. 140(1) 1971 c.78 ss.182(1), 188(2) (part), 189(2) (part). (2) 1971 c.78 s.182(2), s.188(2) (part), s.189(2) (part); 1972 c.70 Sch. 16 paras. 37, 52. (3),(4) 1971 c.78 s.182(3), s.188(2) (part), s.189(2) (part). (5) 1971 c.78 s.182(4), s.188(2) (part), s. 189(2) (part). 141(1) 1971 c.78 ss.183(1), 188(2) (part), 189(2) (part), (3) (part); R 13(a). (2) 1971 c.78 ss.183(2), 188(2) (part), (3) (part), 189(2) (part), (3) (part). (3) to (5) 1971 c.78 s.183(3) to (5), s.188(2) (part), s.189(2) (part). 142(1) 1971 c.78 ss.184(1), 188(2) (part), 189(2) (part); 1986 c.63 Sch. 11 para. 6(a); R 13(b). (2) 1971 c.78 s.184(2). (3) 1971 c.78 s.184(3); 1986 c.63 Sch. 11 para. 6(b). 143(1) 1971 c.78 ss.186(1), 188(2) (part), 189(2) (part). (2),(3) 1971 c.78 ss.186(2),(3), 188(2) (part), 189(2) (part). (4) 1971 c.78 ss.186(3A), 188(2) (part), 189(2) (part); 1986 c.63 Sch.11 para. 7(1). (5),(6) 1971 c.78 ss.186(4), 188(2) (part), 189(2) (part). (7) 1971 c.78 ss.186(5), 188(2) (part), 189(2) (part). (8) 1971 c.78 s.208. 144(1) 1971 c.78 ss.187(1), 188(2) (part), 189(2) (part). (2) 1971 c.78 s.187(2), s.188(2) (part), s.189(2) (part). (3),(4) 1971 c.78 ss.187(3), 188(2) (part), 189(2) (part). (5),(6) 1971 c.78 ss.187(4),(5), 188(2) (part), 189(2) (part). (7) 1971 c.78 s.189(4). 145(1),(2) 1973 c.26 s.53(1), (5). (3),(4) 1973 c.26 s.53(3),(4); 1981 c. 66 Sch. 3 para. 1. (5) 1973 c.26 s.53(2) (6) 1973 c.26 s.53(1),(2). (7) 1973 c.26 s.53(6). 146(1),(2) 1973 c.26 s.54(1). (3) 1973 c.26 s.54(2). (4),(5) 1973 c.26 s.54(3). (6),(7) 1973 c.26 s.54(4),(5). (8),(9) 1973 c.26 s.54(6). (10),(11) 1973 c.26 s.54(7),(8). 147(1) 1973 c.26 s.84(2). (2) 1973 c.26 s.87(1). 148(1) 1971 c.78 ss.181(4), 186(6), 191A; 1984 c.12 Sch. 4 para. 53(5). (2) R 13(c). 149(1) 1971 c.78 s.192(1) (part), drafting. (2) 1971 c.78 s.192(3),(4)(part),(5)(part). (3) 1971 c.78 s.192(4) (part); 190 SI/465. (4) 1971 c.78 s.192(4) (part), (5) (part). (5) 1971 c.78 s.192(6); 1973 c.26 s.82(2). 150(1) 1971 c.78 s.193(1); 1973 c.26 s.77. (2),(3) 1971 c.78 s.193(2). (4) 1971 c.78 s.193(4) 151(1),(2) 1971 c.78 s.194(1) (3) 1971 c.78 s.194(5) (part). (4) 1971 c.78 s.194(2); 1980 c.65 Sch.15 paras. 18,19; 1985 c.51 Sch.1 para. 16(2). (5) 1971 c.78 s.194(4); 1973 c.26 s.75(3)(a). (6) 1971 c.78 s.194(3). (7) 1973 c.26 s.76(2). (8) 1971 c.78 s.194(6); 1973 c.26 s.75(3)(b). 152(1) 1973 c.26 ss.68(6)(part), 69(3); 1985 c.51 Sch. 1 para. 17(4). (2) 1973 c.26 s.68(6)(part). 153(1),(2) 1971 c.78 s.195(1). (3) to (7) 1971 c.78 s.195(2) to (6). (8) 1973 c.26 s.68(6) (part). 154(1),(2) 1971 c.78 s.196(1). (3) 1971 c.78 s.196(2). (4),(5) 1971 c.78 s.196(3). (6) 1971 c.78 s.196(4). 155 1971 c.78 s.199. 156(1),(2) 1971 c.78 s.198(1). (3),(4) 1971 c.78 s.198(2),(3). 157(1),(2) 1971 c.78 s.197; 1981 c.67 Sch.4 para. 1; 1985 c.71 Sch.2 para. 22. (3),(4) 1973 c.26 s.81(6),(7)(part). 158(1),(2) 1973 c.26 s.79(1). (3) 1973 c.26 s.79(2). 159(1) 1973 c.26 s.80(1). (2),(3) 1973 c.26 s.80(2). (4) to (8) 1973 c.26 s.80(3) to (7). 160(1) to (5) 1973 c.26 s.81(1) to (5). (6) 1973 c.26 s.81(7). 161(1) 1971 c.78 s.200; 1973 c.26 s.81(8); R 14. (2) 1973 c.26 s.78(1). (3) to (4) 1973 c.26 s.78(2). (5) 1973 c.26 s.78(3). 162(1) 1971 c.78 s.201(1); 1973 c.26 s.77(1),(2). (2),(3) 1971 c.78 s.201(2). (4) 1971 c.78 s.201(3). (5) 1971 c.78 s.201(6). 163(1) 1971 c.78 s.201(4); 1973 c.26 s.78(4). (2) 1971 c.78 s.201(5); 1973 c.26 s.78(4). 164 1971 c.78 s.204. 165(1),(2) 1973 c.26 s.72(4); 1980 c.65 s.147(4). (3) 1973 c.26 s.72(5); 1980 c.65 s.147(5); 1981 c.64 Sch.12para. 11. 166(1) 1971 c.78 s.202(1),(2) (part). (2) 1971 c.78 s.202(2) (part). 167 1971 c.78 s.208. 168 1971 c.78 s.203. 169(1) to (3) 1971 c.78 s.205; 1984 c.12 Sch.4 para. 53(6). (4) 1973 c.26 s.72(3) (part); 1980 c.65 s.147(3) (part). (5) 1973 c.26 s.76(3) (part). 170(1) 1971 c.78 s.206(1). (2) 1971 c.78 s.206(2); 1985 c.51 Sch.1 para 17(6) (part). (3) 1973 c.26 s.68(10) (part); 1985 c.51 Sch.1 para. 17(6) (part). (4) 1973 c.26 s.71(3). (5) 1973 c.26 s.72(3) (part); 1980 c.65 s.147(3) (part). (6) 1973 c.26 s.73(3); 1985 c.71 Sch.2 para. 24(8). (7) 1973 c.26 s.76(3) (part); 1980 c.66 Sch.24 para. 23. (8) 1973 c.26 s.70(3). (9) 1971 c.78 s.206(3). (10) 1971 c.78 s.206(4); 1980 c.66 Sch.24 para. 20. (11),(12) 1971 c.78 s.206(5),(6). 171 1971 c.78 s.207; 1973 c.26 ss.82(5), 87(1); 1990 SI/465. 172(1) to (4) 1971 c.78 s.87(1) to (4); 1981 c.41 Sch. para. 1. (5) 1971 c.78 s.87(13). (6) 1971 c.78 s.87(5). (7) 1971 c.78 s.87(14). (8) 1971 c.78 s.87(15). 173(1) 1971 c.78 s.87(6). (2) 1971 c.78 s.87(7). (3) 1971 c.78 s.87(9). (4) 1971 c.78 s.87(10). (5) 1971 c.78 s.87(8). (6) 1971 c.78 s.87(11). (7) 1971 c.78 s.87(12). (8) 1971 c.78 s.87(16). 174(1) 1971 c.78 s.88(1); 1981 c.41 Sch. para. 1; 1984 c.10 s.4(2). (2) to (4) 1971 c.78 s.88(2) to (4), (5)(a). (5) 1971 c.78 s.88(9). (6) 1984 c.10 s.4(2). 175(1) 1971 c.78 s.88(5)(b) to (e). (2) 1971 c.78 s.88(5)(d). (3) 1971 c.78 s.88(7). (4) 1971 c.78 s.88(10). (5) 1971 c.78 s.110(2). (6) 1971 c.78 s.88(11). 176(1),(2) 1971 c.78 s.88A(1),(2); 1981 c.41 Sch.para. 1. (3) 1971 c.78 s.88(6); 1981 c.41 Sch.para. 1. (4) 1971 c.78 s.88(8); 1981 c.41 Sch.para. 1. (5) 1971 c.78 s.88A(3); 1981 c.41 Sch.para. 1. 177(1) 1971 c.78 s.88B(1); 1981 c.41 Sch para 1. (2) 1971 c.78 s.88B(2). (3) 1971 c.78 s.88B(2); R 15. (4) 1971 c.78 s.88B(2). (5) to (8) 1971 c.78 s.88B(3). 178(1),(2) 1971 c.78 s.91(1),(2); 1981 c.41 Sch.para. 4. (3) 1971 c.78 s.91(3),(4); 1974 c.7 Sch.8. (4) 1971 c.78 s.91(3). (5) 1971 c.78 s.91(5). (6) 1971 c.78 s.111. (7) 1971 c.78 ss.89(6),90(10),91(1); drafting. 179(1) 1971 c.78 s.89(1); 1981 c.41 Sch.para. 2(1). (2) 1971 c.78 s.89(1); 1980 c.43 s.32(2); 1982 c.48 ss.46,74. (3) 1971 c.78 s.89(2). (4) 1971 c.78 s.89(3). (5) 1971 c.78 s.89(4); 1986 c.63 Sch.11 para. 13. (6) 1971 c.78 s.89(5). (7), (8) 1971 c.78 s.89(5); 1980 c.43 s.32(2); 1982 c.48 ss.46,74; 1986 c.63 Sch.11 para. 13. 180(1) 1971 c.78 s.92(1); 1981 c.41 Sch.para. 5 (2),(3) 1971 c.78 s.92(2),(3). 181(1) 1971 c.78 s.93(1); 1981 c.41 Sch.para. 7(1). (2) to (4) 1971 c.78 s.93(2) to (4). (5) 1971 c.78 s.93(5); 1981 c.41 Sch.para. 7(2); 1982 c.48 s.46. 182(1) to (3) 1971 c.78 s.276(5A); 1981 c.41 Sch.para. 24. (4) 1971 c.78 s.276(5B)(part); 1981 c.41 Sch.para. 24; R 16. 183(1),(2) 1971 c.78 s.90(1); 1981 c.41 Sch.para. 3; 1977 c.29 s.1. (3) to (5) 1971 c.78 s.90(2); 1977 c.29 s.1. (6) 1971 c.78 s.90(5)(part); 1977 c.29 s.1. (7) 1971 c.78 s.90(6)(part); 1977 c.29 s.1. 184(1) 1971 c.78 s.90(1)(part); 1977 c.29 s.1. (2),(3) 1971 c.78 s.90(3); 1977 c.29 s.1. (4),(5) 1971 c.78 s.90(4); 1977 c.29 s.1. (6) 1971 c.78 s.90(5)(part); 1977 c.29 s.1. (7) 1971 c.78 s.90(6)(part); 1977 c.29 s.1. (8) 1971 c.78 s.90(9); 1977 c.29 s.1. 185 1971 c.78 s.276(5); 1981 c.41 Sch.para. 24. 186(1) to (5) 1971 c.78 s.177; 1977 c.29 s.2. (6),(7) 1971 c.78 s.179. 187(1) 1971 c.78 s.90(7). (2) 1971 c.78 s.90(7); 1986 c.63 Sch.11 para. 13 (3) 1971 c.78 s.90(8). 188(1) 1971 c.78 s.92A(1); 1981 c.41 Sch.para. 6; 1985 c.51 s.3(4). (2) 1971 c.78 s.92A(3); 1981 c.41 Sch.para. 6; 1985 c.51 Sch.17. (3) 1971 c.78 s.92A(4); 1981 c.41 Sch.para. 6. 189(1) to (3) 1971 c.78 s.108(1) to (3); 1981 c.36 s.11. (4),(5) 1971 c.78 s.108(6),(7); 1981 c.36 s.11. 190(1) 1971 c.78 s.108(4)(part); 1981 c.36 s.11. (2) 1971 c.78 s.108(4)(part),(5)(part); 1981 c.36 s.11. (3) 1971 c.78 s.108(4) (part); 1981 c.36 s.11. (4) 1971 c.78 s.111; R 17. (5) 1971 c.78 s.108(4)(part); 1981 c.36 s.11. 191 1971 c.78 s.94(1) 192(1) to (3) 1971 c.78 s.94(2). (4) 1971 c.78 s.94(7); 1981 c.41 Sch.para. 8. (5) 1971 c.78 s.95(1)(part). (6) 1971 c.78 Sch.14 para. 6(part). 193(1) 1971 c.78 s.94(6); 1971 c.78 Sch.14 para. 1. (2),(3) 1971 c.78 Sch.14 para. 3(1). (4) 1971 c.78 Sch.14 para. 3(2); R 18. (5) 1971 c.78 Sch.14 para. 3(2)(part); 1982 c.48 ss.46,74. (6) 1971 c.78 s.94(8). (7) 1971 c.78 s.94(8)(part); 1980 c.43 s.32;1982 c.48 ss.46,74. 194(1) 1971 c.78 ss.94(4), 95(1) (part). (2) 1971 c.78 s.94(3). (3) 1971 c.78 Sch.14 para. 4(a),(b). (4) 1971 c.78 Sch.14 para. 4(c). (5),(6) 1971 c.78 Sch.14 para. 2. 195(1) 1971 c.78 ss.94(5),95(2). (2) 1971 c.78 s.95(2). (3) 1971 c.78 s.95(2)(b). (4) 1971 c.78 s.94(8); Sch.14 para 3(1). (5) R 8(a). (6) 1971 c.78 s.95(7). 196(1) 1971 c.78 s.95(4). (2) 1971 c.78 Sch.14 para. 5. (3) 1971 c.78 s.95(5). (4) 1971 c.78 Sch.14 para. 6(part). (5) 1971 c.78 s.95(3). (6),(7) 1971 c.78 s.95(6). 197 1971 c.78 s.59. 198(1) 1971 c.78 s.60(1); 1980 c.65 Sch.15 para. 13(1)(a), (2). (2) 1971 c.78 s.60(1) (3) 1971 c.78 s.60(1); 1974 c.32 s.10(1). (4) 1971 c.78 ss.60(2), 191(1). (5) 1971 c.78 s.60(3). (6) 1971 c.78 s.60(6); 1974 c.32 s.10(2)(a). (7) 1971 c.78 s.60(10); 1986 c.63 Sch.12 Pt II. 199(1) 1971 c.78 s.60(4); 1980 c.65 Sch.15 para. 13(1)(c). (2) 1971 c.78 s.60(5). (3) 1971 c.78 s.60(5); 1980 c.65 Sch.15 para. 13(1)(d), (2), Sch.34 Pt X. 200(1) 1971 c.78 s.60(7). (2) 1971 c.78 s.60(7); 1978 c.30 s.17(2)(a). (3) 1971 c.78 s.60(8); 1978 c.30 s.17(2)(a). (4) 1971 c.78 s.60(7),(9); 1978 c.30 s.17(2)(a). 201(1) 1971 c.78 s.61(1). (2) 1971 c.78 s.61(2); 1980 c.65 Sch.15 para. 14, Sch.34 Pt X. 202(1),(2) 1971 c.78 s.276(1),(2)(c); 1974 c.7 s.35, Sch.6 para. 25(12). (3) 1971 c.78 s.276(3). 203 1971 c.78 s.174. 204(1)(a) 1971 c.78 s.175(1). (b) 1971 c.78 s.175(2); 1978 c.30 s.17(2)(a). (2) to (4) 1971 c.78 s.175(2) to (4). 205 1971 c.78 s.179. 206(1),(2) 1971 c.78 s.62(1); 1974 c.32 s.10(2)(b); 1985 c.52 s.1(2). (3) 1971 c.78 s.62(1A);1985 c.51 s.1(3). (4) 1971 c.78 s.62(2). (5) 1971 c.78 s.62(3)(part). 207(1),(2) 1971 c.78 s.103(1). (3),(4) 1971 c.78 s.103(2). (5) 1971 c.78 s.62(3)(part). 208(1),(2) 1971 c.78 s.103(3); 1981 c.41 Sch. para. 12. (3) 1971 c.78 s.103(3A); 1981 c.41 Sch. para. 12. (4) 1971 c.78 s.103(3B); 1981 c.41 Sch. para. 12. (5) 1971 c.78 s.103(3C); 1981 c.41 Sch. para. 12. (6) 1971 c.78 s.103(3D); 1981 c.41 Sch. para. 12. (7) 1971 c.78 s.103(3E); 1981 c.41 Sch. para. 12. (8) 1971 c.78 s.103(3F); 1981 c.41 Sch. para. 12. (9) 1971 c.78 s.103(4). (10) 1971 c.78 s.110(2). 209(1) 1971 c.78 ss.103(5), 91(1); 1981 c.41 Sch. para. 4(a); 1972 c.70 Sch.16 paras. 29, 52. (2) 1971 c.78 ss.103(5), 91(2); 1981 c.41 Sch. para. 4(b) (i), (ii). (3), (4) 1971 c.78 ss.91(3),(4), 103(5); 1974 c.7 Sch.8. (5) 1971 c.78 ss.91(5), 103(5). (6) 1971 c.78 s.111. 210(1) 1971 c.78 s.102(1); 1974 c.32 s.10(3). (2) 1971 c.78 s.102(1); 1974 c.32 s.10(3); 1980 c.43 ss.32(9), 143(1). (3) 1971 c.78 s.102(1)(b); 1974 c.32 s.10(3). (4) 1971 c.78 s.102(2); 1974 c.32 s.10(4); 1982 (c.48) s.46(1). (5) 1971 c.78 s.102(3), 1974 c.32 s.10(5). 211(1) to (3) 1971 c.78 s.61A(1) to (3); 1974 c.32 s.8. (4) 1971 c.78 s.102(4); 1974 c.32 s.10(6). 212(1) 1971 c.78 s.61A(4); 1974 c.32 s.8. (2), (3) 1971 c.78 s.61A(5); 1974 c.32 s.8. (4) 1971 c.78 s.61A(6); 1974 c.32 s.8. 213(1),(2) 1971 c.78 s.61A(8); 1974 c.32 s.8. (3) 1971 c.78 s.61A(9); 1974 c.32 s.8. 214 1971 c.78 s.61A(7); 1974 c. 32 s. 8. 215(1),(2) 1971 c.78 s.65(1),(2); 1986 c.63 s.46. (3),(4) 1971 c.78 s.65(3); 1986 c.63 s.46. 216(1) 1971 c.78 s.104(1); 1981 c.41 Sch. para. 13. (2) 1971 c.78 s.104(2); 1981 c.41 Sch. para. 13; 1982 c.48 ss.38, 46 (3) 1971 c.78 s.104(3); 1981 c.41 Sch. para. 13. (4) 1971 c.78 s.104(4)(5); 1981 c.41 Sch. para. 13. (5) 1971 c.78 s.104(6); 1981 c.41 Sch. para 13. (6) 1971 c.78 s.104(7); 1981 c.41 Sch. para. 13; 1986 c.63 s.49(1), Sch.11 para. 13. (7) 1971 c.78 s.104(8); 1981 c.41 Sch. para. 13. 217(1) 1971 c.78 s.105(1); 1986 c.63 s.49, Sch.11 para. 20. (2) to (5) 1971 c.78 s.105(2) to (5). (6) 1971 c.78 s.110(2). 218 1971 c.78 s.106; 1981 c.41 Sch. para. 14. 219(1) 1971 c.78 s.107(1); 1981 c.41 Sch. para. 15. (2) 1971 c.78 s.107(2); 1981 c.41 Sch. para. 15. (3) to (5) 1971 c.78 s.107(3). (6) 1971 c.78 s.111. 220(1),(2) 1971 c.78 s.63(1),(2). (3) 1971 c.78 ss.63(2)(c), 191(1). (4) 1971 c.78 s.63(7). (5) 1971 c.78 s.63(7); R 19. 221(1) 1971 c.78 s.63(3); 1974 c.32 s.3(1); 1986 c.63 s.45. (2) 1971 c.78 s.63(3A); 1986 c.63 s.45. (3),(4) 1971 c.78 s.63(3B); 1986 c.63 s.45. (5) 1971 c.78 s.63(4). (6) 1971 c.78 s.63(5). (7) to (9) 1971 c.78 s.63(6). 222 1971 c.78 s.64. 223(1) 1971 c.78 s.176. (2) 1971 c.78 s.179(1); 1981 c.36 s.17. (3) 1971 c.78 s.179(2). 224(1),(2) 1971 c.78 s.109(1). (3) 1971 c.78 s.109(2); 1981 c.41 Sch. para 16; 1982 c.48 s.46; 1986 c.63 s.49(1), Sch.11 para. 13. (4),(5) 1971 c.78 s.109(3). 225(1) 1971 c.78 s.109A(1),(6); 1982 c.30 s.36(a). (2) 1971 c.78 s.109A(2); 1982 c.30 s.36(a). (3) 1971 c.78 s.109A(3),(6); 1982 c.30 s.36(a). (4),(5) 1971 c.78 s.109A(4),(5). 226(1) to (4) 1971 c.78 s.112(1)(1A) to (1C); 1980 c.65 s.91(1). (5) 1971 c.78 s.112(2). (6) 1971 c.78 s.112(3); 1972 c.70 s. 179(3), Sch. 30. (7) 1971 c.78 s.112(4); 1981 c.67 Sch. 6 Pt. I; 1981 c.67 Sch. 4 para. 1. (8) 1971 c.78 s.112(5); 1972 c.70 s. 179(3), Sch. 30. 227(1) 1971 c.78 s.119(1)(a); 1972 c.70 s. 179(3), Sch. 30. (2) 1971 c.78 s.119(3). 228(1) 1971 c.78 s.113(1); 1980 c.65 s.122(2). (2) 1980 c.65 s.122(1). (3) 1971 c.78 s.113(2). (4) 1971 c.78 s.113(2) (proviso); 1981 c.67 Sch. 4 para. 1. (5),(6) 1980 c.65 s.122(3). (7) 1971 c.78 s.113(3); 1981 c.67 Sch. 4 para. 1, Sch. 6 Pt. I. 229(1) 1971 c.78 s.121(1). (2) 1971 c.78 s.121(1); 1980 c.65 Sch. 34 Pt. XIII. (3) 1971 c.78 s.121(2); 1981 c.67 Sch. 4, para. 21(6). (4) to (6) 1971 c.78 s.121(4) to (6). 230 1971 c.78 s.120. 231(1) 1971 c.78 s.276(6)(a); 1972 c.70 s. 179. (2) 1971 c.78 s.276(6)(b). (3) 1971 c.78 s.276(7). 232(1) 1971 c.78 s.122(1). (2) to (4) 1971 c.78 s.122(2)(2A)(2B); 1980 c.65 Sch. 23 para. 10. (5),(6) 1971 c.78 s.122(4),(5); 1972 c.70 s.272(2). 233(1) to (4) 1971 c.78 s.123(1),(2),(2A); 1980 c.65 Sch. 23 para. 11,Sch. 34, Part XIII. (5) to (7) 1971 c.78 s.123(7). (8) 1971 c.78 s.123(9); 1972 c.70 s.272(2). 234 1980 c.65 s.122(6). 235(1) 1971 c.78 s.124(1), (5). (2) 1971 c.78 s.124(2). (3) 1971 c.78 s.124(1), (5). (4) 1971 c.78 s.124(6); 1974 c.7 s.35, Sch. 6 para. 25(9). (5) 1971 c.78 s.124(6) (proviso), (7). (6) 1971 c.78 s.124(8); 1972 c.5 Sch. 3; 1982 c.52 s.19(1), Sch. 2 para. 7(2). 236(1) 1971 c.78 s.118(1). (2) 1971 c.78 s.118(2); 1984 c.12 Sch. 4 para. 53(3). (3) to (5) 1971 c.78 s.118(3) to (5). 237(1),(2) 1971 c.78 s.127(1),(2). (3) 1971 c.78 s.127(1) (proviso); 1984 c.12 Sch. 4 para. 53(4). (4) 1971 c.78 s.127(3). (5),(6) 1971 c.78 s.127(4). (7) 1971 c.78 s.127(5). 238(1),(2) 1971 c.78 s.128(1) (part). (3),(4) 1971 c.78 s.128(2). (5) 1971 c.78 s.128(3). (6) 1971 c.78 s.128(7) (part). 239(1),(2) 1971 c.78 s.128(4). (3) 1971 c.78 s.128(7) (part). 240(1),(2) 1971 c.78 s.128(5), (6). (3) 1971 c.78 s.128(8), (1) (part). 241 1971 c.78 s.129. 242 1971 c.78 s.130; 1973 c.26 Sch. 3; 1978 c.30 s.17(2)(a); 1989 c.42 Sch.11 para 19. 243(1) 1971 c.78 s.131(1). (2),(3) 1971 c.78 s.131(2) (4) 1971 c.78 s.131(3). 244(1) 1980 c.65 s.119(1); 1982 c.30 s.35(a). (2) 1980 c.65 s.119(2); 1982 c.30 s.35(b). (3) 1980 c.65 s.119(3); 1982 c.30 s.35(c) (4) 1980 c.65 s.119(4); 1982 c.30 s.35(d). 245(1) 1971 c.78 s.132(1); 1981 c.67 Sch. 4 para. 21(7)(a). (2) 1971 c.78 s.132(2); 1981 c.67 Sch. 4 para. 21(7)(b). (3) 1971 c.78 s.132(3); 1981 c.67 Sch. 4 para. 21(7)(c). (4) 1971 c.78 s.132(4). 246 1971 c.78 s.133. 247(1) 1971 c.78 s.209(1); 1980 c.65 Sch. 32 para. 18(4). (2) 1971 c.78 s.209(2)(part). (3) 1971 c.78 s.209(2); 1972 c.70 Sch. 16 para. 39; 1980 c.66 Sch. 24 para. 20; 1985 c.51 Sch. 4 para. 50(a), Sch. 17. (4) 1971 c.78 s.209(3). (5) 1971 c.78 s.209(4). (6) 1971 c.78 s.209(5); 1981 c.67 Sch. 4 para. 21(8). 248(1),(2) 1971 c.78 s.211(1). (3) 1971 c.78 s.211(2); R 20. 249(1) 1971 c.78 s.212(1); 1974 c.7 Sch. 8. (2) 1971 c.78 s.212(2); 1972 c.70 Sch.16 paras. 41(1),(2),52. (3) 1971 c.78 s.212(3); 1972 c.70 Sch.16 paras.41(1),(3),52. (4) 1971 c.78 s.212(3). (5) 1971 c.78 s.212(4). (6) 1971 c.78 s.212(8). (7) 1971 c.78 s.212(8A); 1982 c.30 Sch.5 para. 2. (8) 1971 c.78 s.212(2),(8); 1972 c.70 Sch.16 paras. 41(1),(5),52. (9) 1971 c.78 s.212(9). 250(1),(2) 1971 c.75 s.212(5); 1972 c.70 Sch.16 paras.41(4),52. (3) 1971 c.78 s.212(6); 1972 c.70 Sch.16 paras.41(4),52. (4) to (7) 1971 c.78 ss.212(7), 178, 179; 1972 c.70 Sch.16 paras.41(4),52. 251(1) 1971 c.78 s.214(1)(a). (2) 1971 c.78 s.214(2). (3) 1971 c.78 s.214(3); 1988 c.4 Sch.3 para. 22. 252(1) 1971 c.78 s.215(1). (2) 1971 c.78 s.215(2)(a), (7A)(part); 1986 c.44 Sch.7 para. 2(2)(c); 1989 c.15 Sch.25 para 42(1). (3) 1971 c.78 s.215(2)(b). (4),(5) 1971 c.78 s.215(3). (6) 1971 c.78 s.215(4). (7) R 21. (8) 1971 c.78 s.215(5). (9) 1971 c.78 s.215(6). (10),(11) 1971 c.78 s.215(7). (12) 1971 c.78 s.215(7A) (part),(8); 1972 c. 70 s.179(3); 1985 c.51 Sch.14 para. 48(a), Sch.17; 1988 c.40 Sch.13; 1988 c.50 Sch.17 para. 18; 1989 c.15 Sch.25 para 42(1); 1989 c.29 Sch.16 para 2(5)(b). 253(1) 1971 c.78 s.216(1) (2) 1971 c.78 s.216(2); 1987 c.3 Sch.1 para. 19. (3) 1971 c.78 s.216(3). (4) 1971 c.78 s.216(4); 1972 c.70 Sch.30; 1985 c.51, Sch.4 para. 50(b); 1988 c.40 Sch.12 para 40. (5) 1971 c.78 s.216(5). 254(1) 1971 c.78 s.218(1); R 22. (2) 1971 c.78 s.218(2); 1981 c.67 Sch.4 para. 1, Sch.6 Pt.I. 255 1971 c.78 s.219. 256(1),(2) 1971 c.78 s.220(1); 1984 c.12 Sch.4 para. 53(7). (3),(4) 1971 c.78 s.220(2); 1984 c.12 Sch.4 para. 53(7). (5) 1971 c.78 s.220(6); 1984 c.12 Sch.4 para. 53(7). (6) 1971 c.78 s.220(7); 1984 c.12 Sch.4 para. 53(7). 257(1) to (3) 1971 c.78 s.210(1) to (3). (4) 1971 c.78 s.210(4); 1972 c.70 Sch.16 para. 40. 258(1) 1971 c.78 s.214(1). (2) 1971 c.78 s.214(2). (3) 1971 c.78 s.214(3); 1988 c.4 Sch.3 para. 22. 259 1971 c.78 s.217. 260(1) 1971 c.78 s.220(3)(part),(4);1984 c.12 Sch.4 para. 53(7). (2) 1971 c.78 s.220(4)(part); 1984 c.12 Sch.4 para. 53(7), drafting. (3) 1971 c.78 s.220(3)(a); 1984 c.12 Sch.4 para 53(7). (4) 1971 c.78 s.220(3)(b); 1984 c.12 Sch.4 para. 53(7). (5) 1971 c.78 s.220(3)(c); 1984 c.12 Sch.4 para. 53(7). (6) 1971 c.78 s.220(3)(d); 1984 c.12 Sch.4 para. 53(7). (7) 1971 c.78 s.220 (3)(e); 1984 c.12 Sch.4 para. 53(7). (8) 1971 c.78 s.220(5); 1984 c.12 Sch.4 para. 53(7). (9) 1971 c.78 s.220(6),(7); 1984 c.12 Sch.4 para. 53(7). 261(1) 1951 c.60 s.32(1); 1971 c.78 s.221(1), (3). (2) 1951 c.60 s.32(1); 1971 c.78 s.221(1),(3). (3) 1951 c.60 s.32(2); 1971 c.78 s.221(1),(3). (4) 1951 c.60 s.32(3); 1971 c.78 s.221(2),(3). (5) 1958 c.69 s.13(5) 1986 c.63 Sch.8 para. 4. 262(1) 1971 c.78 s.290(1); 1986 c.31 Sch.2 para. 1(1); 1986 c.44 Sch.9; 1989 c.15 Sch.25 para. 42(3); 1989 c.29 Sch.18. (2) 1971 c.78 s.290(1); 1986 c.31 Sch.2 para. 1(1). (3) to (5) 1969 c.48 Sch.4 para. 93(1)(xxxiii), (4)(ii); 1980 c.65 Sch.33 para. 12; 1981 c.38 Sch.3 para. 10(2)(c); 1982 c.16 Sch.2 paras.4, 5(c); 1986 c.44 Sch.7 para. 2(1); 1986 c.63 Sch.7 para. 9; 1989 c.15 Sch.25 para. 1(2). (6), (7) 1989 c.29 Sch.16 paras. 1(1)(xxii), (xxiv), (xxv), 2(2)(c), (4)(c). 263(1),(2) 1971 c.78 s.222. (3), (4) 1969 c. 48 Sch.4 para. 93(4); 1982 c.16 Sch.2 para 5, Sch.13 Part III para. 1. 264(1) 1971 c.78 s.223(1). (2) 1971 c.78 s.223(1)(part), (2)(part); 1969 c.48 Sch.4 para. 89(1). (3) 1971 c.78 s.223(2)(a). (4) 1971 c.78 s.223(2)(b); 1984 c.32 Sch.6 para. 9; 1986 c.44; Sch.7 para. 12; 1986 c.31 Sch.4 para. 1; 1989 c.15 Sch.25 para. 42(2). (5), (6) 1971 c.78 s.223(3). (7) 1969 c.48 Sch.4 para. 89(2). (8) 1982 c.16 Sch.2 para. 6(1). 265(1) 1971 c.78 s.224(1); 1986 c.31 Sch. 2 para. 1(2), Sch.6; 1986 c.44 Sch.7 para 2(1); 1989 c.15 Sch.27. (2) 1986 c.44 Sch.7 para. 2(9); 1989 c.29 Sch.16 para. 3(1)(d). (3) 1989 c.15 Sch.25 para. 1(9),(10). (4) 1971 c.78 s.224(2). 266(1) 1971 c.78 s.225(1); 1981 c.41 Sch. para. 17. (2) 1971 c.78 s.225(2). (3) 1971 c.78 s.225(3). (4) 1971 c.78 s.225(5). (5) 1982 c.16 Sch.2 para. 6(2). 267 1971 c.78 s.225(4). 268(1) 1971 c.78 s.226(1). (2) 1971 c.78 s.226(1). (3) 1971 c.78 ss.40(3), 226(2). 269 1971 c.78 s.227; R 23. 270 1971 c.78 s.228; R 23; R 24. 271(1), (2) 1971 c.78 s.230(1). (3) 1971 c.78 s.230(2). (4) 1971 c.78 s.230(3). (5) 1971 c.78 s.230(4). (6) 1971 c.78 s.230(5). (7) 1971 c.78 s.230(6). (8) 1971 c.78 s.230(1)(part). 272(1) 1971 c.78 s.230(1),(7); 1984 c.12 Sch.4 para. 53(9). (2) 1971 c.78 s.230(1),(7); 1984 c.12 Sch.4 para. 53(9). (3) 1971 c.78 s.230(2),(7); 1984 c.12 Sch.4 para. 53(9). (4) 1971 c.78 s.230(3),(7); 1984 c.12 Sch.4 para. 53(9). (5) 1971 c.78 s.230(4),(7); 1984 c.12 Sch.4 para. 53(9). (6) 1971 c.78 s.230(5),(7); 1984 c.12 Sch.4 para. 53(9). (7) 1971 c.78 s.230(6), (7); 1984 c.12 Sch.4 para. 53(9). (8) 1971 c.78 s.230(1)(part),(7); 1984 c.12 Sch.4 para. 53(9). 273(1) to (6) 1971 c.78 s.232(1) to (6). (7),(8) 1971 c.78 s.232(7); 1984 c.12 s.109, Sch.4 para. 53(10). 274 1971 c.78 ss.231, 230(7); 1984 c.12 Sch. 4 para. 53(9) 275 1971 c.78 s.233. 276(1), (2) 1971 c.78 s.234(1). (3) 1971 c.78 s.234(2). 277(1), (2) 1971 c.78 s.235(1),(2). (3),(4) 1971 c.78 s.235(3). (5) 1971 c.78 s.235(4). (6) 1971 c.78 s.235(5). (7) 1971 c.78 s.235(6). (8) 1971 c.78 s.235(7). 278(1) to (5) 1971 c.78 s.236(1) to (5). (6),(7) 1971 c.78 s.236(6). (8),(9) 1971 c.78 s.236(7). (10) 1971 c.78 s.236(8). (11) 1971 c.78 s.236(2) proviso. 279(1) 1971 c.78 s.237(1). (2) 1971 c.78 s.237(2). (3) 1971 c.78 ss.230(7), 237(2); 1984 c.12 Sch.4 para. 53(9). (4) 1971 c.78 s.237(3). (5),(6) 1971 c.78 s.237(4). (7) 1971 c.78 s.237(5); 1986 c.63 Sch.12 Pt.III. 280(1) 1971 c.78 ss.238(1), 230(7); 1981 c.36 Sch.1 para. 7; 1984 c.12 Sch.4 para. 53(9). (2), (3) 1971 c.78 s.238(2); 1984 c.12, Sch.4 para. 53(9). (4), (5) 1971 c.78 s.238(3); 1984 c.12 Sch.4 para. 53(9). (6) 1971 c.78 s.238(4). (7) 1971 c.78 s.238(5). (8) 1971 c.78 s.238(6); 1981 c.67 Sch.4 para. 21(9). 281(1),(2) 1971 c.78 s.239(1). (3) 1971 c.78 s.239(2). (4) 1971 c.78 s.239(3). 282 1971 c.78 s.240. 283 1971 c.78 s.241. 284(1) 1971 c.78 s.242(1); 1985 c.51 Sch.1 para. 16(3); 1986 c.63 Sch.6 Pt.II para. 4. (2) 1971 c.78 s.242(2); 1981 c.36 Sch.1 para. 8 (3) 1971 c.78 s.242(3); 1982 c.30 Sch.6 para. 7(b). (4) 1971 c.78 s.242(4). 285(1) 1971 c.78 s.243(1); 1981 c.41 Sch.para. 18(1). (2) 1971 c.78 s.243(2); 1981 c.41 Sch.para. 18(2). (3) 1971 c.78 s.243(3). (4) 1971 c.78 s.243(4). (5),(6) 1971 c.78 s.243(5). 286(1) 1972 c.70 Sch.16 paras.51(1),54(6). (2) 1972 c.70 Sch.16 para. 51(2); 1981 c.41 Sch.para. 28(d) 287(1) 1971 c.78 s.244(1),(6); 1985 c.51 Sch.1 para. 16(4). (2) 1971 c.78 s.244(2). (3) 1971 c.78 s.244(3) to (7); 1986 c.63 Sch.6 Pt.II para. 5. (4) 1971 c.78 s.244(1) (part). (5) 1971 c.78 s.244(1),(3) to (7); 1986 c.63 Sch.6 Pt.II para. 5; R 25(a). (6) 1971 c.78 s.244(7)(a); 1986 c.63 Sch.6 Pt.II para. 5. 288(1) 1971 c.78 s.245(1). (2) 1971 c.78 s.245(2). (3) 1971 c.78 s.245(1)(2); R 25(b). (4) 1971 c.78 s.245(3) (5),(6) 1971 c.78 s.245(4). (7) 1971 c.78 s.245(5). (8) 1971 c.78 s.245(6). (9) 1971 c.78 s.245(7). (10) 1971 c.78 s.245(7); 1972 c.70 Sch.16 para. 46; R 26. 289(1) 1971 c.78 s.246(1); 1981 c.41 Sch. para. 19. (2) 1971 c.78 s.246(1A); 1981 c.41 Sch. para. 19. (3) 1971 c.78 s.246(2). (4) 1971 c.78 s.246(2); 1981 c.54 Sch.5. (5) 1971 c.78 s.246(3). (6) 1971 c.78 s.246(4); 1977 c.38 Sch.5 Pt.IV. (7) 1971 c.78 s.246(5). 290 1971 c.78 s.247; R 8(b). 291 1971 c.78 s.248. 292 1971 c.78 s.249. 293(1) to (3) 1971 c.78 ss.266(7), 268(4); 1984 c.10 s.6(1), (2) (4) 1984 c.10 s.4(1). 294(1) 1971 c.78 s.266(3); 1981 c.41 Sch. para 20(b). (2) 1984 c.10 s.3(1). (3) 1984 c.10 s.3(2). (4) 1984 c.10 s.3(3). (5) 1984 c.10 s.3(4). (6), (7) 1984 c.10 s.3(5). 295(1), (2) 1984 c.10 s.3(6). (3), (4) 1984 c.10 s.3(7). (5),(6) 1984 c.10 s.3(8). 296(1) 1971 c.78 s.266(1); 1985 c.51 Sch.1 para. 16(6). (2) 1971 c.78 s.266(2); 1981 c.36 Sch.1 para. 9; 1981 c.41 Sch. para. 20(a). (3), (4) 1971 c.78 s.266(5). (5) 1971 c.78 s.266(6). 297(1), (2) 1971 c.78 s.267(1). (3) 1971 c.78 s.267(2). (4) 1971 c.78 s.267(3). 298 1971 c.78 s.268. 299(1) to (5) 1984 c.10 s.1(1) to (5). (6) 1984 c.10 s.1(7). (7) 1984 c.10 s.1(6)(part). 300(1) 1984 c.10 s.2(1). (2) 1984 c.10. s.2(2). (3), (4) 1984 c.10 s.2(3). (5) 1984 c.10 s.2(4). (6), (7) 1984 c.10 s.2(5). 301(1) to (4) 1984 c.10 s.5(1) to (4). (5) 1984 c.10 s.5(6). 302(1), (2) 1946 c.35 ss.1(2), 7(6). (3) 1946 c.35 s.2(1) to (3). (4) 1946 c.35 s.4(1). (5) Drafting (6) 1946 c.35 ss.1(2), (3), (5), 2(1), 4(1), 7(1), (6); 1989 c.43 Sch 2 para. 11. (7) 1946 c.35 s.7(3). (8) 1946 c.35 s.7(6). 303 (1) 1980 c.65 s.87(1). (2) 1980 c.65 s.87(2)(a). (3) 1980 c.65 s.87(3). (4) 1980 c.65 s.87(4). (5) 1980 c.65 s.87(6). 304 1971 c.78 s.253. 305 1971 c.78 s.254. 306(1) 1971 c.78 s.255(1); 1980 c.66 Sch.24 para. 20(g) (2) 1971 c.78 s.255(2); 1985 c.51 Sch.1 para. 16(5); R 27(a) and (b). (3) 1971 c.78 s.255(3). (4) 1971 c.78 s.255(4). (5) 1971 c.78 s.255(5). 307 1971 c.78 s.256; 1972 c.70 s. 179(3), Sch.30; 1980 c.65 Sch.15 para. 22. 308(1),(2) 1971 c.78 s.257(1),(2). (3) to (6) 1971 c.78 s.257(3) to (6). 309(1) to (5) 1971 c.78 s.258(1) to (5). (6),(7) 1971 c.78 s.258(6). 310 1971 c.78 s.259. 311 1971 c.78 s.260. 312(1) 1971 c.78 s.261(1). (2) 1971 c.78 s.261(4). 313 1971 c.78 s.262; 1980 c.65 s.87(7). 314 1971 c.78 s.263(1); 1972 c. 70 Sch. 29 Pt. I para 3(b). 315(1) 1971 c.78 s.264(1). (2) 1971 c.78 s.264(2) (3) 1971 c.78 s.264(1) to (3). (4) 1971 c.78 s.264(4); 1987 c.3 Sch.1 para. 19. (5) 1971 c.78 s.264(4). 316(1) 1971 c.78 s.270(1). (2) 1971 c.78 s.270(2); 1981 c.41 Sch. para. 21. (3) 1971 c.78 s.270 (3). (4) 1971 c.78 s.272. (5) 1980 c.65 s.149(5); 1988 c.50 s.67(5). 317(1), (2) 1971 c.78 s.273(1); 1974 S.I./692 art.2(1), 5(3), Sch.1 Pt.I; 1987 c.3 s.1, Sch.1 para. 19. (3) 1971 c.78 s.273(2). 318(1) 1971 c.78 s.274(1); 1981 c.41 Sch. para. 23; 1981 c.67 Sch.4 para. 1. (2) 1971 c.78 s.274(2). (3) 1971 c.78 s.274(3). (4) 1971 c.78 s.274(4). (5) 1971 c.78 s.274(4). (6) 1971 c.78 s.274(5). 319(1) 1971 c.78 s.269(1), (3); 1980 c.65 Sch.15 para. 23(1); 1981 c.36 s.18; 1984 c.10 s.6(3). (2) 1971 c.78 s.269(2); 1972 c.70 s. 179(3); 1982 c.30 s.36(b). (3) 1971 c.78 s.269(3); 1972 c.70 s. 179(3). (4) 1971 c.78 s.269(1), (3). (5) 1971 c.78 s.269(4). 320(1) 1971 c.78 s.282(1). (2) 1971 c.78 s.282(2); 1986 c.63 Sch.11 para. 8(1). 321(1) 1982 c.21 s.1(5). (2) 1982 c.21 s.1(1). (3) 1982 c.21 s.1(2),(3). (4) 1982 c.21 s.1(4). 322 1971 c.78 s.282A; 1986 c.63 Sch.11 para. 9(1). 323 1971 c.78 s.282B; 1986 c.63 Sch.11 para. 10. 324(1) 1971 c.78 s.280(1); 1981 c.41 Sch.para. 25; 1985 c.51 Sch.1 para. 16(7). (2) 1971 c.78 s.280(4). (3) 1971 c.78 s.280(4A); 1982 c.30 s.36(c). (4) 1971 c.78 s.280(5). (5) 1971 c.78 s.280(6). (6) 1971 c.78 s.280(7). (7) 1971 c.78 s.280(8). (8) 1971 c.78 s.280(9). (9) 1971 c.78 s.280(10); 1985 c.51 Sch.2 para. 1(16). 325(1) 1971 c.78 s.281(1) (2) 1971 c.78 s.281(2); 1982 c.48 s.46. (3) to (5) 1971 c.78 s.281(3). (6) 1971 c.78 s.281(4). (7) 1971 c.78 s.281(5). (8) 1971 c.78 s.281(6)(a). (9) 1971 c.78 s.281(6)(b). 326(1) 1971 c.78 s.278(1). (2) 1971 c.78 s.278(2). (3) 1971 c.78 s.278(4). (4) 1971 c.78 s.278(5). 327(1) 1971 c.78 s.279(1). (2) 1971 c.78 s.279(2)(a). (3) 1971 c.78 s.279(2)(b). (4) 1971 c.78 s.279(3). (5) 1971 c.78 ss.279(4); 258(5). 328(1) 1971 c.78 s.275(1). (2) 1971 c.78 s.275(1). 329 1971 c.78 s.283. 330(1) 1971 c.78 s.284(1); 1977 c.29 s.3(1),(2); 1981 c.41 Sch. para. 26. (2) 1971 c.78 s.284(1A); 1977 c.29 s.3(1),(3). (3) 1971 c.78 s.284(1)(part); 1977 c.29 s.3(1),(2); 1981 c.41 Sch. para. 26. (4) 1971 c.78 s.284(2); 1977 c.29 s.3(4); 1982 c.48 ss.38, 46. (5) 1971 c.78 s.284(3); 1977 c.29 s.3(5); 1982 c.48 s.74. 331 1971 c.78 s.285. 332 1971 c.78 s.286. 333(1) 1971 c.78 s.287(1). (2), (3) 1971 c.78 s.287(2). (4) 1971 c.78 s.287(4); 1985 c.51 s.103(1); 1986 c.63 Sch.6 Pt.II para. 6(a), Sch.9 para. 5(2)(a), Sch.12 Pt.III. (5) 1971 c.78 s.287(5); 1985 c.51 s.103(2); 1986 c.63 Sch.6 Pt.II para. 6(b), Sch.9 para. 5(2)(b), Sch.12 Pt.III. (6) 1971 c.78 s.287(6). (7) 1971 c.78 s.287(3). 334 1971 c.78 s.288. 335 1971 c.78 s.289. 336(1) 1971 c.78 ss. 264(1A), 290(1); 1972 c.70 s. 179(3), Sch.30; 1977 S.I./293 art.4(4); 1980 c.65 Sch.32 para. 18(5); 1980 c.66 Sch.24 para. 20(h); 1981 c.36 s.1(2), Sch.1 para. 11; 1985 c.51 Sch.1 para. 16(8), Sch.17; 1986 c.63 Sch.6 Pt.II para. 7, Sch.7 Pt.I para. 7, Sch.12 Pt.III; 1988 c.4 Sch.3 para. 25; 1989 c.15 Sch.25 paras.1(11)(ii), 42(3); 1990 SI/776 Sch.3 para. 15; R 28. (2), (3) 1971 c.78 s.290(2). (4) 1971 c.78 s.290(3). (5) 1971 c.78 s.290(4). (6) 1971 c.78 s.290(5)(part). (7) 1971 c.78 s.290(6); 1989 c. 34 s.2. (8) 1971 c.78 s.290(7). (9) 1971 c.78 s.290(8). (10) 1971 c.78 ss.40(4) 181(5), 182(5), 280(10)(c), 284(4); 1988 c.4 Sch.3 paras. 11,19,20,23,24,25. 337 Sch. 1 para. 1 1972 c.70 Sch. 16 paras. 32, 32A; 1980 c.65 s.86(4), Sch. 34 Pt X; 1981 c.36 s.2(1), Sch para 12. para. 2 1972 c.70 s.183(1). para. 3 1972 c.70 Sch. 16 para. 15; 1980 c.65 s.86(1), Sch. 34 Pt X. para. 4 1972 c.70 Sch. 16 para. 16. para. 5(1) 1972 c.70 Sch. 16 para. 17; 1980 c.66 Sch. 24 para. 22; 1986 c.63 Sch. 11 para. 2(2). (2),(3) 1980 c.65 s.150. para. 6 1972 c.70 Sch. 16 para. 18. para. 7 1972 c.70 Sch. 16 para. 19; 1980 c.65 s.86(2),(3); 1986 c.63 Sch. 11 para. 23(3); R 29. para. 8 1972 c.70 Sch. 16 para. 20; 1986 SI/452. para. 9(1) 1971 c.78 s.24A(6); 1986 c.63 s.25(1). (2) 1971 c.78 Sch.8A para. 5(6); 1986 c.63 s.25(2). (3) 1971 c.78 Sch.8A para. 6(6); 1986 c.63 s.25(2). para. 10 1972 c.70 Sch. 16 para. 23. para. 11 1972 c.70 Sch. 16 para. 24; 1981 c.36 s.2(4)(c); 1981 c.41 Sch. para. 28(a). para. 12 1972 c.70 Sch. 16 para. 29; 1978 c.30 s.17(2)(a); 1981 c.41 Sch. para. 28(b). para. 13 1971 c.78 s.60(1A); 1972 c.70 Sch. 16 para. 27; 1980 c.65 Sch.15 para 13; R 2. para. 14 1971 c.78 ss.61A(3),(7), 65(4), 109A; 1972 c.70 Sch. 16 para. 25 (part); 1980 c.65 Sch. 34 Pt X; 1986 c.63 s.46. para. 15 1972 c.70 Sch. 16 para. 26. para. 16 1972 c.70 Sch. 16 paras. 34, 38. para. 17 1972 c.70 Sch. 16 para. 35. para. 18 1972 c.70 Sch. 16 para. 36. para. 19 1972 c.70 Sch. 16 para. 54(1) to (5); 1985 c.51 s.3(5), Sch. 3 para. 4. para. 20 1972 c.70 Sch. 16 paras. 45,47 (part); 1971 c.78 s.52(4). para. 21 1972 c.70 Sch. 16 para. 52. Sch. 2 Pt.I para. 1 1985 c.51 Sch. 1 para. 18 (part), drafting. para. 2 1985 c.51 Sch. 1 para. 19; 1971 c.78 Sch. 4 para. 5. para. 3(1) 1971 c.78 Sch.23 Pt.I; 1985 c.51 Sch. 1 para. 20(1), (2); 1986 c.63 Sch. 11 para. 27(1), (2). (2) 1985 c.51 Sch. 1 para. 20(2A); 1986 c.63 Sch. 11 para. 27(1), (3). (3) 1985 c.51 Sch. 1 para. 20(3A); 1986 c.63 Sch. 11 para. 27(1), (4) (part). (4) 1985 c.51 Sch. 1 para. 20(4). (5) R 30. para. 4(1),(2) 1985 c.51 Sch. 1 para. 21(1) (3) 1985 c.51 Sch. 1 para. 21(2) para. 5 1985 c.51 Sch. 1 para. 22 para. 6 1985 c.51 Sch. 1 para. 23(3) Sch. 2 Pt.II, para. 1 1971 c.78 Sch.4 para. 5(1); 1985 c.51 Sch. 1 para. 18. para. 2 1985 c.51 Sch. 1 para. 19 para. 3(1) 1971 c. 78 Sch. 4 para. 7, Sch. 23 Pt.I; 1985 c.51 Sch. 1 para. 20(1), (2); 1986 c.63 Sch. 11 para. 27(1), (2) (2) 1971 c.78 Sch. 4 para. 2; 1972 c.42 Sch. 1; 1985 c.51 Sch.1 para. 20(2). (3) 1971 c.78 Sch. 4 para. 5(1); 1985 c.51 Sch. 1 para. 20, drafting. (4) 1981 c.51 Sch. 1 para. 20(4). (5) R 30. para. 4(1) 1971 c.78 Sch. 4 para. 8(3); 1972 c.42 Sch. 1 (2) 1971 c.78 Sch. 4 para. 8(5); 1972 c.42 Sch. 1 para. 5(1) 1971 c.78 Sch. 4 paras. 5(3), 8(1); 1972 c.42 Sch. 1 (2) 1971 c.78 Sch. 4 para. 9(1)(b); 1972 c.42 Sch. 1 (3) 1971 c.78 Sch. 4 para. 9(3); 1972 c.42 Sch. 1 para. 6 1971 c.78 Sch. 4 para. 10; 1972 c.42 Sch. 1 para. 7(1) 1971 c.78 Sch. 4 para. 11(1); 1972 c.42 Sch. 1; 1972 c.70 Sch. 30 (2) 1971 c.78 Sch. 4 para. 11(2); 1972 c.42 Sch. 1; 1980 c.65 Sch. 14 para. 13(1) (3) 1971 c.78 Sch. 4 para. 11(3); 1972 c.42 Sch. 1; 1980 c.65 Sch. 14 para. 13(1) (4),(5) 1971 c.78 Sch. 4 para. 11(4),(5); 1972 c.42 Sch. 1 para. 8(1) 1971 c.78 Sch. 4 para. 12(1); 1972 c.42 Sch. 1 (2) 1971 c.78 Sch. 4 para. 12(2)(part); 1972 c.42 Sch. 1; 1980 c.65 Sch. 14 para. 13(1) (3) 1971 c.78 Sch. 4 para. 12(3); 1972 c.42 Sch. 1; 1980 c.65 Sch. 14 para. 13(1) para. 9(1) 1971 c.78 s.13(1); 1972 c.70 s.272(2) (2) 1971 c.78 s.13(2) (3) 1971 c.78 s.13(3); 1980 c.65 Sch. 14 para. 9 para. 10 1971 c.78 s.14 Sch.4 para. 14; 1980 c.65 Sch. 14 para. 10. para. 11(1) 1971 c.78 Sch. 4 para. 14(2); 1972 c.42 Sch. 1; 1972 c.70 Sch. 30 (2) 1971 c.78 Sch. 4 para. 14(3); 1972 c.42 Sch. 1 para. 12(1),(2) 1971 c.78 s.15(1),(2) (3) 1985 c.51 Sch. 1 para. 20(3); 1986 c.63 Sch. 11 para. 27(4) (4) 1971 c.78 s.15(3), Sch. 4 para. 16(1); 1972 c.42 s.3(3), Sch. 1; 1972 c.70 Sch. 30. para. 13(1) 1972 c.70 Sch. 16 para. 10(1); 1986 c.63 Sch. 12 Pt.III (2) 1972 c.70 Sch. 16 para. 10(2) (as it applies in London); 1986 c.63 Sch. 12 Pt.III (3) 1972 c.70 Sch. 16 para. 14(3) (4),(5) 1972 c.70 Sch. 16 para. 14(5),(6) para. 14 1972 c.70 Sch. 16 para. 11(1) (as it applies in London). para. 15 1972 c.70 Sch. 16 para. 12; 1986 c.63 Sch. 12 Pt.III para. 16 1972 c.70 Sch. 16 para. 13; R 6. para. 17(1),(2) 1985 c.51 Sch. 1 para. 21(1) (3) 1985 c.51 Sch. 1 para. 21(2) para. 18 1985 c.51 Sch. 1 para. 22 Sch. 2 Pt.III, para. 1 Drafting para. 2 1971 c.78 Sch. 7 para. 2; 1980 c.66 Sch. 24 para. 20(j) para. 3 1971 c.78 Sch. 4 para 5, Sch. 7 para. 3; 1980 c.65 Sch. 14 para. 14 para. 4 1971 c.78 Sch. 7 para. 4. para. 5 1971 c.78 Sch. 7 para. 5 para. 6 1971 c.78 Sch. 7 para. 5A; 1980 c.65 Sch. 14 para. 15(1) para. 7 1971 c.78 Sch. 7 para. 5B; 1980 c.65 Sch. 14 para. 15(1) para. 8 1971 c.78 Sch. 7 para. 5C; 1980 c.65 Sch. 14 para. 15(1) para. 9 1971 c.78 Sch. 7 para. 6 para. 10 1971 c.78 Sch. 7 para. 7; 1980 c.65 Sch. 14 para. 15(2); 1985 c.51 Sch. 17 Sch. 3 para. 1 1971 c.78 Sch. 8 para. 1 (part) para. 2 1971 c.78 Sch. 8 para. 2. para. 3 1971 c.78 Sch. 8 para. 3 (part) para. 4 to 8 1971 c.78 Sch. 8 paras. 4 to 8. para. 9 1971 c.78 Sch. 8 para. 10. para. 10(1) 1971 c.78 Sch. 8 para. 9. (2) 1971 c.78 Sch. 8 paras. 1 (part), 3 (part). paras. 11 to 13 1971 c.78 Sch. 8 paras. 11 to 13. para. 14(1) 1971 c.78 s.180(3). (2) 1971 c.78 s.278(2), (3). Sch. 4 paras. 1 to 3 1971 c.78 s.23(2) to (4). para. 4 1971 c.78 s.23(7). Sch. 5 para. 1 1971 c.78 s.44A; 1981 c.36 s.7; 1982 SI/86. para. 2 1971 c.78 s.30A(1) to (8), (19) (part); 1981 c.36 s.5. para. 3 1971 c.78 s.30A(9) to (12), (19); 1981 c.36 s.5. para. 4 1971 c.78 s.30A(13) to (16), (19); 1981 c.36 s.5. para. 5 1971 c.78 s.30A(17); 1981 c.36 s.5. para. 6 1971 c.78 s.30A(18); 1981 c.36 s.5. para. 7 1971 c.78 s.45(6); 1981 c.36 s.8. para. 8 1971 c.78 s.45(7); 1981 c.36 s.8. Sch. 6 para. 1 1971 c.78 Sch. 9 para. 1. para. 2 1971 c.78 Sch. 9 para. 2; 1981 c.41 Sch. para. 27. para. 3 1971 c.78 Sch. 9 para. 3. para. 4 1971 c.78 Sch. 9 para. 3A; 1986 c.63 Sch. 11 para. 11. para. 5 1971 c.78 Sch. 9 para. 4. para. 6 1971 c.78 Sch. 9 para. 5; 1972 c.70 s.272(2); 1986 c.63 Sch. 11 paras. 8(2), 9(2), 12. para. 7 1971 c.78 Sch.9 para. 6. para. 8 1971 c.78 Sch. 9 para. 7. Sch. 7 para. 1 1971 c.78 Sch.8A para. 1; 1986 c.63 s.25(2). para. 2 1971 c.78 Sch.8A para. 2(2); 1986 c.63 s.25(2). para. 3,4 1971 c.78 Sch.8A paras. 3,4; 1986 c.63 s.25(2). para. 5 1971 c.78 Sch.8A para. 5(1) to (5); 1986 c.63 s.25(2). para. 6 1971 c.78 Sch.8A para. 6(1) to (5); 1986 c.63 s.25(2). paras. 7 to 12 1971 c.78 Sch.8A paras. 7 to 12; 1986 c.63 s.25(2). para. 13(1),(2) 1971 c.78 Sch.8A para. 13(1),(2); 1986 c.63 s.25(2); R 31. (3) 1971 c.78 Sch.8A para. 13(3); 1978 c.30 Sch.1; 1986 c.63 s.25(2). (4) 1971 c.78 Sch.8A para. 13(4); 1986 c.63 s.25(2). Sch. 8 para. 1 1971 c.78 s.47(2) to (4),(6). para. 2 1971 c.78 s.48(3) to (5). para. 3. 1971 c.78 s.48(6),(7). para. 4. 1971 c.78 s.49(1),(2),(7). para. 5 1971 c.78 s.49(3) to (6); 1972 c.70 s.272(2). para. 6. 1971 c.78 Sch.10 para. 1. para. 7. 1971 c.78 Sch.10 para. 2. Sch. 9 para. 1 1971 c.78 s.51(1) to (1C),(2) to (9); 1981 c.36 s.9. para. 2 1971 c.78 s.51(1D) to (1H); 1981 c.36 s.9. para. 3 1971 c.78 s.51A(1) to (7); 1981 c.36 s.10. para. 4 1971 c.78 s.51A(8) to (11); 1981 c.36 s.10. para. 5 1971 c.78 s.51B(1) to (4); 1981 c.36 s.10. para. 6 1971 c.78 s.51B(5); 1981 c.36 s.10. para. 7 1971 c.78 s.51C; 1981 c.36 s.10. para. 8 1971 c.78 s.51D; 1981 c.36 s.10. para. 9 1971 c.78 s.51E; 1981 c.36 s.10. para. 10 1971 c.78 s.51F; 1981 c.36 s.10. para. 11 1971 c.78 s.276(1) to (4); 1974 c.7 Sch. 6 para. 25(12), Sch. 8; 1981 c.36 Sch. 1 para. 10; R 9. Sch. 10 1971 c.78 Sch. 18. Sch. 11 para. 1 1971 c.78 s.178A; 1981 c.36 s.16; 1981 c.36 Sch. 1 paras. 4 to 6. para. 2 1971 c.78 s.164A(1); 1981 c.36 s.13. para. 3 1971 c.78 s.170B(1); 1981 c.36 s.15. para. 4 1971 c.78 s.164A(2)(b) to (4); 1981 c.36 s.13; 1982 SI/86. para. 5 1971 c.78 s.170B(2); 1981 c.36 s.15. para. 6 1971 c.78 s.170B(3); 1981 c.36 s.15. para. 7 1971 c.78 s.170B(4); 1981 c.36 s.15. para. 8 1971 c.78 s.170B(5); 1981 c.36 s.15. para. 9 1971 c.78 s.170B(6); 1981 c.36 s.15. para. 10 1971 c.78 s.178C(1),(2); 1981 c.36 s.16. para. 11 1971 c.78 s.178C(3); 1981 c.36 s.16. para. 12 1971 c.78 s.178B; 1981 c.36 s.16. para. 13 1971 c.78 s.179(1) (part); 1981 c.36 s.17. Sch. 12 para. 1 1971 c.78 s.135. para. 2 1971 c.78 s.136. para. 3 1971 c.78 s.137. para. 4 1971 c.78 s.138, Sch. 15 para. 29 (part). para. 5 1971 c.78 Sch. 15 paras. 2 to 5. para. 6 1971 c.78 Sch. 15 para. 1. para. 7 1971 c.78 Sch. 15 paras. 6 to 10. para. 8 1971 c.78 Sch. 15 paras. 11 to 16. para. 9 1971 c.78 Sch. 15 paras. 17 to 22. para. 10 1971 c.78 Sch. 15 paras. 23 to 25. para. 11 1971 c.78 Sch. 15 paras. 26 to 28, 29 (part). para. 12 1971 c.78 s.139. para. 13 1971 c.78 ss.140, 161. para. 14 1971 c.78 s.141. para. 15 1971 c.78 Sch. 16. para. 16 1971 c.78 s.142. para. 17 1971 c.78 Sch. 17. para. 18 1971 c.78 s.143. para. 19 1971 c.78 s.144. para. 20 1971 c.78 s.145. Sch. 13 para. 1 1971 c.78 s.192(1)(a); 1984 c.12 Sch.4 para. 53(6); 1987 c.3 Sch.1 para. 19. Notes (1) 1973 c.26 s.68(1); R 32(a). (2) 1973 c.26 s.68(4); R 32(a). (3) 1973 c.26 s.68(5) (part). (4) 1973 c.26 s.68(7) (part). (5) 1971 c.78 s.192(2). (6) 1973 c.26 s.71(2). (7) 1971 c.78 Sch. 4 para. 5; 1973 c.26 s.68(8); 1985 c.51, Sch. 1 para. 20(2). para. 2 1971 c.78 s.192(1)(b). Notes (1) 1973 c.26 s.68(2), (9); R 32(b). (2) 1973 c.26 s.68(4) (part); R 32(b). (3) 1973 c.26 s.68(5) (part)(9). (4) 1973 c.26 s.68(7) (part). (5) 1973 c.26 s.68(8). para. 3 1971 c.78 s.192(1)(bb); 1985 c.51 Sch.1 para. 16(1). Notes (1) 1985 c.51 Sch.1 para. 17(1) (part); R 32(c). (2) 1985 c.51 Sch.1 para. 17(2) (part). (3) 1985 c.51 Sch.1 para. 17(3) (part). (4) 1985 c.51 Sch.1 para. 17(5) (part). para. 4 1971 c.78 s.192(1)(bc); 1985 c.51 Sch.1 para. 16(1). Notes (1) 1985 c.51 Sch.1 para. 17(1) (part); R 32(c). (2) 1985 c.51 Sch.1 para. 17(2) (part). (3) 1985 c.51 Sch.1 para. 17(3) (part). (4) 1985 c.51 Sch.1 para. 17(5) (part). para. 5 1973 c.26 s.71(1)(a). para. 6 1973 c.26 s.71(1)(b). para. 7 1973 c.26 s.72(1)(a); 1981 c.64 Sch.12 para. 11. Note 1973 c.26 s.72(2). para. 8 1973 c.26 s.72(1)(b); 1981 c.64 Sch.12 para. 11. para. 9 1980 c.65 s.147(1). Note 1980 c.65 s.147(2). para. 10 1973 c.26 s.73(1)(a); 1985 c.71 Sch.2 para. 24(8). para. 11 1973 c.26 s.73(1)(b); 1985 c.71 Sch.2 para. 24(8). para. 12 1971 c.78 s.192(1)(ha); 1989 c.42 Sch.11 para. 20. para. 13 1971 c.78 s.192(1)(c). para. 14 1971 c.78 s.192(1)(d); 1980 c.66 Sch.24 para. 20. Notes (1) 1973 c.26 s.69(1)(a); 1980 c.66 Sch.24 para. 23. (2) 1973 c.26 s.69(2). (3) 1973 c.26 s.74(1); 1980 c.66 Sch.24 para. 23. para. 15 1971 c.78 s.192(1)(e). para. 16 1971 c.78 s.192(1)(f). para. 17 1973 c.26 s.74(2)(a); 1980 c.66 Sch.24 para. 23. para. 18 1973 c.26 s.74(2)(b). para. 19 1973 c.26 s.76(1); 1980 c.66 Sch.24 para. 23. Note 1973 c.26 s.76(4). para. 20 1971 c.78 s.192(1)(h); 1985 c.71 Sch.2 para. 22. para. 21 1971 c.78 s.192(1)(i). para. 22 1971 c.78 s.192(1)(g), (j); 1973 c.26 s.75(1),(2). Notes (1) 1973 c.26 s.70(1); 1978 c.30 s.17(2)(a). (2) 1973 c.26 s.70(2). Sch. 14 para 1 1971 c.78 Sch.20 para 1; 1981 c.69 Sch.16 para. 1; 1985 c.51 Sch.14 para. 48. para 2 1971 c.78 Sch.20 para. 2. para 3 1971 c.78 Sch.20 para. 3. para 4 1971 c.78 Sch.20 para. 3A; 1981 c.69 Sch.16 paras. 2,10. para 5 1971 c.78 Sch.20 para. 4. para 6 1971 c.78 Sch.20 para 5. para 7 1971 c.78 Sch.20 para. 6; 1981 c.69 Sch.16 paras. 3, 10; R 33. para 8 1971 c.78 Sch.20 para. 7, 1981 c.69 Sch.16 paras. 4,10. Sch. 15 para. 1 Drafting para 2 1946 c.35 s.2(4),(5). para. 3 1946 c.35 s.2(6). para. 4 1946 c.35 s.2(7) (part). para. 5 1946 c.35 s.2(2),(3). para. 6 1946 c.35 s.2(8) (part), (7) (part). para. 7 1946 c.35 s.2(8) (part). para. 8 1946 c.35 s.2(9) (part). para. 9 1946 c.35 s.2(9) proviso. para. 10 1946 c.35 s.2(10). para. 11 1946 c.35 s.2(11). para. 12 1946 c.35 s.2(12). para. 13 1946 c.35 s.3(1),(7). para. 14 1946 c.35 s.5. para. 15 1946 c.35 s.6. para. 16 Drafting. Sch. 16 1971 c.78 Sch. 21. Sch. 17 1971 c.78 Sch. 22; 1980 c.66 Sch.24 para. 20(k),(l),(m); 1985 c.51 Sch.4 para. 50.