Law

Town and Country Planning Act 1990

United Kingdom · statute

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In force since 2026-11-05, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 590 provisions
  1. Title and introductory text
  2. 1 Local planning authorities: general.
  3. 2 Joint planning boards.
  4. 2A The Mayor of London: applications of potential strategic importance
  5. 2B Section 2A: supplementary provisions
  6. 2C Matters reserved for subsequent approval
  7. 2D Further provision about orders under section 2A
  8. 2E Section 2A and planning obligations under section 106
  9. 2F Representation hearings
  10. 3 Joint planning committee for Greater London.
  11. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  12. 4A National Parks with National Park authorities.
  13. 5 The Broads.
  14. 6 Enterprise zones.
  15. 7 Urban development areas.
  16. 7ZA New towns
  17. 7A Mayoral development areas
  18. 8 Housing action areas.
  19. 8A The Homes and Communities Agency.
  20. 9 Power to make consequential and supplementary provision about authorities.
  21. 10 Application of Chapter I to Greater London and metropolitan counties.
  22. 10A Application of Chapter I in relation to Wales.
  23. 11 Survey of planning areas.
  24. 12 Preparation of unitary development plan.
  25. 12A Urban development corporations.
  26. 13 Public participation.
  27. 14 Withdrawal of unitary development plan.
  28. 15 Adoption of unitary development plan by local planning authority.
  29. 16 Local inquiries.
  30. 17 Direction to reconsider proposals.
  31. 18 Calling in of unitary development plan for approval by Secretary of State.
  32. 19 Approval of unitary development plan by Secretary of State.
  33. 20 Local inquiry, public examination and consultation by Secretary of State.
  34. 21 Alteration or replacement of unitary development plan.
  35. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  36. 21A “Greater London: conformity with spatial development strategy.
  37. 23 Joint unitary development plans.
  38. 23A Joint unitary development plans: Wales.
  39. 23B Unitary development plans for National Parks in Wales.
  40. 23C Joint unitary development plans for National Parks in Wales.
  41. 24 Disregard of certain representations.
  42. 25 Default powers.
  43. 26 Regulations and directions.
  44. 27 Meaning of “development plan” in Greater London and metropolitan counties.
  45. 27A Meaning of “development plan” in relation to Wales.
  46. 28 Commencement of Chapter I: transitional provisions.
  47. 28A Application of Chapter I in relation to Wales: transitional provisions.
  48. 29 Application of Chapter II to non-metropolitan areas in England.
  49. 30 Survey of planning areas.
  50. 31 Structure plans: continuity, form and content.
  51. 32 Alteration and replacement of structure plans.
  52. 33 Public participation.
  53. 34 Withdrawal of proposals for alteration and replacement of structure plans.
  54. 35 Adoption of proposals.
  55. 35A Calling in of proposals for approval by Secretary of State.
  56. 35B Examination in public.
  57. 35C Duties to notify authorities responsible for local plans
  58. 36 Local plans.
  59. 37 Minerals local plans.
  60. 38 Waste policies.
  61. 39 Alteration and replacement of local plans.
  62. 40 Public participation.
  63. 41 Powers of Secretary of State to secure adequate publicity and consultation.
  64. 42 Objections: local inquiry or other hearing.
  65. 43 Adoption of proposals.
  66. 44 Calling in of proposals for approval by Secretary of State.
  67. 45 Approval of proposals by Secretary of State.
  68. 46 Conformity between plans.
  69. 47 Alteration of structure plan.
  70. 48 Local plan to prevail in cases of conflict with structure plan.
  71. 49 Disregarding of representations with respect to development authorised by or under other enactments.
  72. 50 Joint structure and local plans.
  73. 51 Default powers.
  74. 51A Urban development corporations.
  75. 52 Reviews of plans in enterprise zones.
  76. 53 Supplementary provisions as to structure and local plans.
  77. 54 Meaning of “development plan” outside Greater London and the metropolitan counties.
  78. 54A Status of development plans.
  79. 55 Meaning of “development” and “new development”.
  80. 56 Time when development begun.
  81. 57 Planning permission required for development.
  82. 58 Granting of planning permission: general.
  83. 58A Permission in principle: general
  84. 59 Development orders: general.
  85. 59A Development orders: permission in principle
  86. 60 Permission granted by development order.
  87. 61 Development orders: supplementary provisions.
  88. 61A Local development orders
  89. 61B Intervention by Secretary of State or National Assembly
  90. 61C Permission granted by local development order
  91. 61D Effect of revision or revocation of development order on incomplete development
  92. 61DA Mayoral development orders
  93. 61DB Permission granted by Mayoral development order
  94. 61DC Preparation and making of Mayoral development order
  95. 61DD Revision or revocation of Mayoral development order
  96. 61DE Effect of revision or revocation on incomplete development
  97. 61E Neighbourhood development orders
  98. 61F Authorisation to act in relation to neighbourhood areas
  99. 61G Meaning of “neighbourhood area”
  100. 61H Neighbourhood areas designated as business areas
  101. 61I Neighbourhood areas in areas of two or more local planning authorities
  102. 61J Provision that may be made by neighbourhood development order
  103. 61K Meaning of “excluded development”
  104. 61L Permission granted by neighbourhood development orders
  105. 61M Revocation or modification of neighbourhood development orders
  106. 61N Legal challenges in relation to neighbourhood development orders
  107. 61O Guidance
  108. 61P Provision as to the making of certain decisions by local planning authorities
  109. 61Q Community right to build orders
  110. 61QA Street vote development orders
  111. 61QB Qualifying groups
  112. 61QC Meaning of “street area”
  113. 61QD Process for making street vote development orders
  114. 61QE Referendums
  115. 61QF Regulations: general provision
  116. 61QG Provision that may be made by a street vote development order
  117. 61QH Meaning of “excluded development”
  118. 61QI Permission granted by street vote development orders
  119. 61QJ Revocation or modification of street vote development orders
  120. 61QK Financial assistance in relation to street votes
  121. 61QL Street votes: connected modifications
  122. 61QM Interpretation
  123. 61W England: requirement to carry out pre-application consultation
  124. 61X Duty to take account of responses to consultation
  125. 61Y Power to make supplementary provision
  126. 61Z Wales: requirement to carry out pre-application consultation
  127. 61Z1 Wales: pre-application services
  128. 61Z2 Pre-application services: records and statement of services
  129. 62 Applications for planning permission or permission in principle.
  130. 62ZA Wales: notice that application is not valid
  131. 62ZB Right to appeal to Welsh Ministers against notice
  132. 62ZC Appeals under section 62ZB: determination by appointed person
  133. 62ZD Appeals under section 62ZB: determination by Welsh Ministers in place of appointed person
  134. 62A When application may be made directly to Secretary of State
  135. 62B Designation for the purposes of section 62A
  136. 62C Notifying parish councils of applications under section 62A(1)
  137. 62E Notification of proposed application under section 62D
  138. 62F Developments of national significance: secondary consents
  139. 62G Developments of national significance: supplementary provision about secondary consents
  140. 62H Developments of national significance: meaning of secondary consent
  141. 62I Requirement to submit local impact report
  142. 62J Duty to have regard to local impact report
  143. 62K Local impact report: supplementary
  144. 62M Option to make application directly to Welsh Ministers
  145. 62N Designation for the purposes of section 62M
  146. 62O Option to make application to Welsh Ministers: connected applications
  147. 62P Applications to the Welsh Ministers: supplementary
  148. 62Q Notifying community councils of applications made to Welsh Ministers
  149. 62R Power to make provision by development order in respect of applications to Welsh Ministers
  150. 62S Exercise of functions by appointed person
  151. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  152. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  153. 65 Notice etc. of applications for planning permission or permission in principle.
  154. 66 Notification of applications to owners and agricultural tenants.
  155. 67 Notification of applications for planning permission for mineral working.
  156. 68 Further provisions as to certificates under sections 65 to 67.
  157. 69 Register of applications etc
  158. 69A The register: additional requirements in relation to England
  159. 70 Determination of applications: general considerations.
  160. 70A Power of local planning authority to decline to determine applications. Power to decline to determine subsequent application.
  161. 70B Power to decline to determine overlapping application
  162. 70C Power to decline to determine retrospective application
  163. 70D Power to decline to determine applications in cases of earlier non-implementation etc
  164. 71 Consultations in connection with determinations under s. 70.
  165. 71ZA Decision notices: Wales
  166. 71ZB Notification of initiation of development and display of notice: Wales
  167. 71A Assessment of environmental effects.
  168. 72 Conditional grant of planning permission.
  169. 73 Determination of applications to develop land without compliance with conditions previously attached.
  170. 73A Planning permission for development already carried out.
  171. 74 Directions etc. as to method of dealing with applications.
  172. 74A Deemed discharge of planning conditions
  173. 74B Conditions relating to construction working hours
  174. 74C Effect of application under section 74B
  175. 74D Sections 74B and 74C: supplementary
  176. 75 Effect of planning permission or permission in principle.
  177. 75ZB Information about neighbourhood development plans
  178. 75A Provisions applying for purpose of applications made to the Welsh Ministers
  179. 76 Duty to draw attention to certain provisions for benefit of disabled.
  180. 76A Major infrastructure projects
  181. 76B Major infrastructure projects: inspectors
  182. 76C Provisions applying to applications made under section 62A
  183. 76D Deciding applications made under section 62A
  184. 76E Applications under section 62A: determination by Secretary of State
  185. 77 Reference of applications to Secretary of State.
  186. 78 Right to appeal against planning decisions and failure to take such decisions.
  187. 78A Appeal made: functions of local planning authorities
  188. 79 Determination of appeals.
  189. 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  190. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  191. 82 Simplified planning zones.
  192. 83 Making of simplified planning zone schemes.
  193. 84 Simplified planning zone schemes: conditions and limitations on planning permission.
  194. 85 Duration of simplified planning zone scheme.
  195. 86 Alteration of simplified planning zone scheme.
  196. 87 Exclusion of certain descriptions of land or development.
  197. 88 Planning permission for development in enterprise zones.
  198. 89 Effect on planning permission of modification or termination of scheme.
  199. 90 Development with government authorisation.
  200. 90A Biodiversity gain in England
  201. 90B Condition relating to development progress reports in England
  202. 91 General condition limiting duration of planning permission.
  203. 92 Outline planning permission.
  204. 92A Extension of outline planning permission etc in event of legal challenge
  205. 93 Provisions supplementary to ss. 91 and 92.
  206. 93A Extension of certain planning permissions: automatic extension
  207. 93B Extension of certain planning permissions: additional environmental approval
  208. 93C Interpretation of sections 93A and 93B
  209. 93D Outline planning permission: automatic extension of time limits for application for approval
  210. 93E Outline planning permission: automatic extension of certain time limits for beginning development
  211. 93F Outline planning permission: extension of limits for beginning development with additional environmental approval
  212. 93G Commencement notices
  213. 93H Completion notices
  214. 93I Appeals against completion notices
  215. 93J Effect of completion notices
  216. 94 Termination of planning permission by reference to time limit: completion notices in Wales.
  217. 95 Effect of completion notice in Wales.
  218. 96 Power of Secretary of State to serve completion notices in Wales.
  219. 96A Power to make non-material changes to planning permission or permission in principle
  220. 97 Power to revoke or modify planning permission or permission in principle.
  221. 98 Procedure for s. 97 orders: opposed cases.
  222. 99 Procedure for s. 97 orders: unopposed cases.
  223. 100 Revocation and modification of planning permission or permission in principle by the Secretary of State.
  224. 100ZA Restrictions on power to impose planning conditions in England
  225. 100A Wales: consultation etc in respect of certain applications relating to planning permission
  226. 101 Power to refer certain planning questions to Planning Inquiry Commission.
  227. 102 Orders requiring discontinuance of use or alteration or removal of buildings or works.
  228. 103 Confirmation by Secretary of State of s. 102 orders.
  229. 104 Power of the Secretary of State to make s. 102 orders.
  230. 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  231. 106 Planning obligations.
  232. 106A Modification and discharge of planning obligations.
  233. 106B Appeals in relation to applications under section 106A.
  234. 106BA Modification or discharge of affordable housing requirements
  235. 106BB Duty to notify the Mayor of London of certain applications under section 106BA
  236. 106BC Appeals in relation to applications under section 106BA
  237. 106C Legal challenges relating to development consent obligations
  238. 106D Legal challenges relating to infrastructure consent obligations
  239. 107 Compensation where planning permission or permission in principle revoked or modified.
  240. 108 Compensation for refusal or conditional grant of planning permission etc formerly granted by development order , local development order or neighbourhood development order.
  241. 109 Apportionment of compensation for depreciation.
  242. 110 Registration of compensation for depreciation.
  243. 111 Recovery of compensation under s. 107 on subsequent development.
  244. 112 Amount recoverable under s. 111 and provisions for payment or remission of it.
  245. 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  246. 114 Compensation for planning decisions restricting development other than new development.
  247. 115 Compensation in respect of orders under s. 102, etc.
  248. 116 Modification of compensation provisions in respect of mineral working etc.
  249. 117 General provisions as to compensation for depreciation under Part IV.
  250. 118 Determination of claims for compensation.
  251. 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  252. 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  253. 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  254. 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  255. 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  256. 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  257. 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  258. 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  259. 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  260. 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  261. 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  262. 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  263. 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  264. 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  265. 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  266. 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  267. 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  268. 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  269. 137 Circumstances in which purchase notices may be served.
  270. 137A Purchase notices: Crown land
  271. 138 Circumstances in which land incapable of reasonably beneficial use.
  272. 139 Action by council on whom purchase notice is served.
  273. 140 Procedure on reference of purchase notice to Secretary of State.
  274. 141 Action by Secretary of State in relation to purchase notice.
  275. 142 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
  276. 143 Effect of Secretary of State’s action in relation to purchase notice.
  277. 144 Special provisions as to compensation where purchase notice served.
  278. 145 Counter-notice requiring purchase of remainder of agricultural unit.
  279. 146 Effect of counter-notice under s. 145.
  280. 147 Provisions supplemental to ss. 145 and 146.
  281. 147A Application of Chapter I to National Parks.
  282. 148 Interpretation of Chapter I.
  283. 149 Scope of Chapter II.
  284. 150 Notices requiring purchase of blighted land.
  285. 151 Counter-notices objecting to blight notices.
  286. 152 Further counter-notices where certain proposals have come into force.
  287. 153 Reference of objection to Upper Tribunal: general.
  288. 154 Effect of valid blight notice.
  289. 155 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
  290. 156 Withdrawal of blight notice.
  291. 157 Special provisions as to compensation for acquisitions in pursuance of blight notices.
  292. 158 Inclusion in blight notices of requirement to purchase parts of agricultural units unaffected by blight.
  293. 159 Objections to s. 158 notices.
  294. 160 Effect of notices served by virtue of s. 158.
  295. 161 Powers of personal representatives in respect of blight notice.
  296. 162 Power of mortgagees to serve blight notice.
  297. 163 Prohibition on service of simultaneous notices under ss. 150, 161 and 162.
  298. 164 Special provisions as to partnerships.
  299. 164A Power of Welsh Ministers to acquire land identified by National Development Framework for Wales where blight notice served
  300. 165 Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
  301. 165ZA Power of Greater London Authority to acquire land affected by designation of Mayoral development area where blight notice served
  302. 165A Power of Secretary of State to acquire land identified in national policy statements where blight notice served
  303. 165B Power of Welsh Ministers to acquire land identified in infrastructure policy statements where blight notice served
  304. 166 Saving for claimant’s right to sell whole hereditament, etc.
  305. 167 No withdrawal of constructive notice to treat.
  306. 168 Meaning of “owner-occupier” and “resident owner-occupier”.
  307. 169 “Appropriate authority” for purposes of Chapter II.
  308. 170 “Appropriate enactment” for purposes of Chapter II.
  309. 171 General interpretation of Chapter II.
  310. 171A Expressions used in connection with enforcement.
  311. 171B Time limits.
  312. 171BA Time limits in cases involving concealment
  313. 171BB Planning enforcement orders: procedure
  314. 171BC Making a planning enforcement order
  315. 171C Power to require information about activities on land.
  316. 171D Penalties for non-compliance with planning contravention notice.
  317. 171E Temporary stop notice
  318. 171F Temporary stop notice: restrictions
  319. 171G Temporary stop notice: offences
  320. 171H Temporary stop notice: compensation
  321. 172 Issue of enforcement notice.
  322. 172ZA Enforcement warning notice: England
  323. 172A Assurance as regards prosecution for person served with notice
  324. 173 Contents and effect of notice.
  325. 173ZA Enforcement warning notice: Wales
  326. 173A Variation and withdrawal of enforcement notices.
  327. 174 Appeal against enforcement notice.
  328. 175 Appeals: supplementary provisions.
  329. 176 General provisions relating to determination of appeals.
  330. 177 Grant or modification of planning permission on appeals against enforcement notices.
  331. 178 Execution and cost of works required by enforcement notice.
  332. 179 Offence where enforcement notice not complied with.
  333. 180 Effect of planning permission, etc., on enforcement or breach of condition notice.
  334. 181 Enforcement notice to have effect against subsequent development.
  335. 182 Enforcement by the Secretary of State.
  336. 183 Stop notices.
  337. 184 Stop notices: supplementary provisions.
  338. 185 Service of stop notices by Secretary of State.
  339. 186 Compensation for loss due to stop notice.
  340. 187 Penalties for contravention of stop notice.
  341. 187A Enforcement of conditions.
  342. 187B Injunctions restraining breaches of planning control.
  343. 188 Register of enforcement and stop notices and other enforcement action.
  344. 189 Penalties for contravention of orders under s. 102 and Schedule 9.
  345. 190 Enforcement of orders under s. 102 and Schedule 9.
  346. 191 Certificate of lawfulness of existing use or development.
  347. 192 Certificate of lawfulness of proposed use or development.
  348. 193 Certificates under sections 191 and 192: supplementary provisions.
  349. 194 Offences.
  350. 195 Appeals against refusal or failure to give decision on application.
  351. 196 Further provisions as to references and appeals to the Secretary of State.
  352. 196A Rights to enter without warrant.
  353. 196B Right to enter under warrant.
  354. 196C Rights of entry: supplementary provisions.
  355. 196D Offence of failing to obtain planning permission for demolition of unlisted etc buildings in conservation areas in England
  356. 196E Power to provide relief from enforcement of planning conditions
  357. 197 Planning permission to include appropriate provision for preservation and planting of trees.
  358. 198 Power to make tree preservation orders.
  359. 199 Form of and procedure applicable to orders.
  360. 200 Tree preservation orders: Forestry Commissioners and Natural Resources Body for Wales
  361. 201 Provisional tree preservation orders.
  362. 202 Power for Secretary of State to make tree preservation orders.
  363. 202A Tree preservation regulations: general
  364. 202B Tree preservation regulations: making of tree preservation orders
  365. 202C Tree preservation regulations: prohibited activities
  366. 202D Tree preservation regulations: consent for prohibited activities
  367. 202E Tree preservation regulations: compensation
  368. 202F Tree preservation regulations: registers
  369. 202G Tree preservation regulations: supplementary
  370. 203 Compensation in respect of tree preservation orders.
  371. 204 Compensation in respect of requirement as to replanting of trees.
  372. 205 Determination of compensation claims.
  373. 206 Replacement of trees.
  374. 207 Enforcement of duties as to replacement of trees.
  375. 208 Appeals against s. 207 notices.
  376. 209 Execution and cost of works required by s. 207 notice.
  377. 210 Penalties for non-compliance with tree preservation order regulations .
  378. 211 Preservation of trees in conservation areas.
  379. 212 Power to disapply s. 211.
  380. 213 Enforcement of controls as respects trees in conservation areas.
  381. 214 Registers of s. 211 notices.
  382. 214A Injunctions.
  383. 214B Rights to enter without warrant.
  384. 214C Right to enter under warrant.
  385. 214D Rights of entry: supplementary provisions.
  386. 215 Power to require proper maintenance of land.
  387. 216 Penalty for non-compliance with s. 215 notice.
  388. 217 Appeal against a section 215 notice.
  389. 218 Further appeal to the Crown Court: England
  390. 219 Execution and cost of works required by s. 215 notice.
  391. 220 Regulations controlling display of advertisements.
  392. 221 Power to make different advertisement regulations for different areas.
  393. 222 Planning permission not needed for advertisements complying with regulations.
  394. 223 Repayment of expense of removing prohibited advertisements.
  395. 224 Enforcement of control as to advertisements.
  396. 225 Power to remove or obliterate placards and posters.
  397. 225A Power to remove structures used for unauthorised display
  398. 225B Appeal against notice under section 225A
  399. 225C Remedying persistent problems with unauthorised advertisements
  400. 225D Right to appeal against notice under section 225C
  401. 225E Applying section 225C to statutory undertakers' operational land
  402. 225F Power to remedy defacement of premises
  403. 225G Notices under section 225F in respect of post boxes
  404. 225H Section 225F powers as respects bus shelters and other street furniture
  405. 225I Right to appeal against notice under section 225F
  406. 225J Remedying defacement at owner or occupier's request
  407. 225K Action under sections 225A, 225C and 225F: operational land
  408. 226 Compulsory acquisition of land for development and other planning purposes.
  409. 226A Compulsory acquisition of land by combined authorities and CCAs
  410. 227 Acquisition of land by agreement.
  411. 228 Compulsory acquisition of land by the Secretary of State for Housing, Communities and Local Government .
  412. 229 Appropriation of land forming part of common, etc.
  413. 230 Acquisition of land for purposes of exchange.
  414. 231 Power of Secretary of State to require acquisition or development of land.
  415. 232 Appropriation of land held for planning purposes.
  416. 233 Disposal by local or strategic authorities of land held for planning purposes.
  417. 234 Disposal by Secretary of State of land acquired under s. 228.
  418. 235 Development of land held for planning purposes.
  419. 236 Extinguishment of rights over land compulsorily acquired.
  420. 237 Power to override easements and other rights.
  421. 238 Use and development of consecrated land.
  422. 239 Use and development of burial grounds.
  423. 240 Provisions supplemental to ss. 238 and 239.
  424. 241 Use and development of open spaces.
  425. 242 Overriding of rights of possession.
  426. 243 Constitution of joint body to hold land for planning purposes.
  427. 244 Powers of joint planning boards under Part IX.
  428. 244A Powers of National Park authorities under Part IX.
  429. 245 Modification of incorporated enactments for purposes of this Part.
  430. 246 Interpretation of Part IX.
  431. 247 Highways affected by development: orders by Secretary of State.
  432. 248 Highways crossing or entering route of proposed new highway, etc.
  433. 249 Order extinguishing right to use vehicles on highway.
  434. 250 Compensation for orders under s. 249.
  435. 251 Extinguishment of public rights of way over land held for planning purposes.
  436. 252 Procedure for making of orders.
  437. 253 Procedure in anticipation of planning permission.
  438. 254 Compulsory acquisition of land in connection with highways.
  439. 255 Concurrent proceedings in connection with highways.
  440. 256 Telecommunication apparatus: orders by Secretary of State.
  441. 257 Footpaths , bridleways and restricted byways affected by development: orders by other authorities.
  442. 258 Extinguishment of public rights of way over land held for planning purposes.
  443. 259 Confirmation of orders made by other authorities.
  444. 260 Telecommunication apparatus: orders by or on application of other authorities.
  445. 261 Temporary stopping up of highways for mineral workings.
  446. 262 Meaning of “statutory undertakers”.
  447. 263 Meaning of “operational land”.
  448. 264 Cases in which land is to be treated as not being operational land.
  449. 265 Meaning of “the appropriate Minister”.
  450. 266 Applications for planning permission by statutory undertakers.
  451. 267 Conditional grants of planning permission.
  452. 268 Development requiring authorisation of government department.
  453. 269 Revocation or modification of permission to develop operational land.
  454. 270 Order requiring discontinuance of use etc. of operational land.
  455. 271 Extinguishment of rights of statutory undertakers: preliminary notices.
  456. 272 Extinguishment of rights of telecommunications code system operators: preliminary notices.
  457. 273 Notice for same purposes as ss. 271 and 272 but given by undertakers to developing authority.
  458. 274 Orders under ss. 271 and 272.
  459. 275 Extension or modification of functions of statutory undertakers.
  460. 276 Procedure in relation to orders under s. 275.
  461. 277 Relief of statutory undertakers from obligations rendered impracticable.
  462. 278 Objections to orders under ss. 275 and 277.
  463. 279 Right to compensation in respect of certain decisions and orders.
  464. 280 Measure of compensation to statutory undertakers, etc.
  465. 281 Exclusion of s. 280 at option of statutory undertakers.
  466. 282 Procedure for assessing compensation.
  467. 283 Display of advertisements on operational land.
  468. 284 Validity of development plans and certain orders, decisions and directions.
  469. 285 Validity of enforcement notices and similar notices.
  470. 286 Challenges to validity on ground of authority’s powers.
  471. 287 Proceedings for questioning validity of development plans and certain schemes and orders.
  472. 288 Proceedings for questioning the validity of other orders, decisions and directions.
  473. 289 Appeals to High Court relating to certain notices.
  474. 290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  475. 291 Special provisions as to decisions relating to statutory undertakers.
  476. 292 Special provisions as to orders subject to special parliamentary procedure.
  477. 292A Application to the Crown
  478. 293 Preliminary definitions.
  479. 293A Urgent Crown development: application to the Welsh Ministers
  480. 293B Urgent Crown development: applications to the Secretary of State
  481. 293C Urgent Crown development: determination of applications by the Secretary of State
  482. 293D Crown development: applications to the Secretary of State
  483. 293E Crown development: connected applications to the Secretary of State
  484. 293F Applications under section 293D or 293E: supplementary matters
  485. 293G Notifying parish councils of applications under section 293D(2)
  486. 293H Provisions applying to applications made under section 293D or 293E
  487. 293I Deciding applications made under section 293D or 293E
  488. 293J Applications under section 293D or 293E: determination by the Secretary of State
  489. 294 Control of development on Crown land: special enforcement notices.
  490. 295 Supplementary provisions as to special enforcement notices.
  491. 296 Exercise of powers in relation to Crown land.
  492. 296A Enforcement in relation to the Crown
  493. 296B References to an interest in land
  494. 297 Agreements relating to Crown land.
  495. 298 Supplementary provisions as to Crown and Duchy interests.
  496. 298A Applications for planning permission etc by Crown
  497. 299 Application for planning permission etc. in anticipation of disposal of Crown land.
  498. 299A Crown planning obligations.
  499. 300 Tree preservation orders in anticipation of disposal of Crown land.
  500. 301 Requirement of planning permission for continuance of use instituted by the Crown.
  501. 302 Enforcement in respect of war-time breaches of planning control by the Crown.
  502. 303 Fees for planning applications etc.
  503. 303ZZA Directions in relation to fees set by English local planning authorities etc
  504. 303ZZB Surcharge on planning fees
  505. 303ZA Fees for appeals
  506. 303A Responsibility of local planning authorities for costs of holding certain inquiries etc.
  507. 304 Grants for research and education.
  508. 304A Grants for advice and assistance
  509. 305 Contributions by Ministers towards compensation paid by local authorities.
  510. 306 Contributions by relevant authorities and statutory undertakers.
  511. 307 Assistance for acquisition of property where objection made to blight notice in certain cases.
  512. 308 Recovery from acquiring authorities of sums paid by way of compensation.
  513. 309 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  514. 310 Sums recoverable from acquiring authorities reckonable for purposes of grant.
  515. 311 Expenses of government departments.
  516. 312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  517. 313 General provision as to receipts of Secretary of State.
  518. 314 Expenses of county councils.
  519. 314A Wales: duties relating to listed buildings and features of architectural or historic interest
  520. 315 Power to modify Act in relation to minerals.
  521. 316 Land of interested planning authorities and development by them.
  522. 316A Local planning authorities as statutory undertakers.
  523. 317 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  524. 318 Ecclesiastical property.
  525. 319 The Isles of Scilly.
  526. 319ZZA Training: local planning authorities in England
  527. 319ZZB Training: certain mayoral planning functions
  528. 319ZZC Requirement for functions to be discharged by committee, sub-committee or officer
  529. 319ZZD Size and composition of committee discharging functions
  530. 319ZZE Sections 319ZZC and 319ZZD: supplementary
  531. 319ZZF Interpretation of sections 319ZZC to 319ZZE
  532. 319ZA Requirement for functions to be discharged by committee, sub-committee or officer
  533. 319ZB Size and composition of committee discharging functions
  534. 319ZC Sections 319ZA and 319ZB: supplementary
  535. 319ZD Interpretation of sections 319ZA to 319ZC
  536. 319A Determination of procedure for certain proceedings: England
  537. 319B Determination of procedure for certain proceedings: Wales
  538. 320 Local inquiries.
  539. 321 Planning inquiries to be held in public subject to certain exceptions.
  540. 321A Appointed representative: no inquiry
  541. 321B Special provision in relation to planning inquiries: Wales
  542. 322 Orders as to costs of parties where no local inquiry held.
  543. 322A Orders as to costs: supplementary.
  544. 322B Local inquiries in London: special provision as to costs in certain cases.
  545. 322C Costs: Wales
  546. 323 Procedure on certain appeals and applications: England.
  547. 323A Procedure for certain proceedings: Wales
  548. 324 Rights of entry.
  549. 325 Supplementary provisions as to rights of entry.
  550. 325A Rights of entry: Crown land
  551. 326 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  552. 327 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  553. 327ZA Planning applications in England: powers as to form and content
  554. 327A Applications: compliance with requirements
  555. 328 Settled land ....
  556. 329 Service of notices.
  557. 329A Service of notices on the Crown
  558. 330 Power to require information as to interests in land.
  559. 330A Information as to interests in Crown land
  560. 331 Offences by corporations.
  561. 332 Combined applications.
  562. 333 Regulations and orders.
  563. 334 Licensing planning areas.
  564. 335 Act not excluded by special enactments.
  565. 336 Interpretation.
  566. 337 Short title, commencement and extent.
  567. SCHEDULE 1 Local Planning Authorities: Distribution of Functions
  568. SCHEDULE 1A Distribution of Local Planning Authority Functions: Wales
  569. SCHEDULE 2 Development Plans: Transitional Provisions
  570. SCHEDULE 3 Development Not Constituting New Development
  571. SCHEDULE 4 Special provisions as to land use in 1948
  572. SCHEDULE 4A Local development orders: procedure
  573. SCHEDULE 4B Process for making of neighbourhood development orders
  574. SCHEDULE 4C Community right to build orders
  575. SCHEDULE 4D EXERCISE OF FUNCTIONS BY APPOINTED PERSON IN CONNECTION WITH ... APPLICATIONS MADE TO THE WELSH MINISTERS
  576. SCHEDULE 5 Conditions relating to Mineral Working
  577. SCHEDULE 6 Determination of Certain Appeals by Person Appointed by Secretary of State
  578. SCHEDULE 7 Simplified Planning Zones
  579. SCHEDULE 7A Biodiversity gain in England
  580. SCHEDULE 8 Planning Inquiry Commissions
  581. SCHEDULE 9 Requirements relating to Discontinuance of Mineral Working
  582. SCHEDULE 10 Condition treated as applicable to rebuilding and alterations
  583. SCHEDULE 11
  584. SCHEDULE 12
  585. SCHEDULE 13 Blighted Land
  586. SCHEDULE 14 Procedure for footpaths and bridleways orders
  587. SCHEDULE 15 Preliminary
  588. SCHEDULE 16 Provisions of the Planning Acts referred to in Sections 314 to 319
  589. SCHEDULE 17 Enactments Exempted from Section 333(6)
  590. Table of Derivations

Proposed changes to this act

No one has proposed a change to this act yet.

590 provisions

109 Apportionment of compensation for depreciation.

(1) Where compensation becomes payable under section 107 which includes compensation for depreciation of an amount exceeding £20, the local planning authority— (a) 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 (b) 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. (2) 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. (3) Regulations under this section shall make provision, subject to subsection (4)— (a) 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; (b) 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 (c) 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. (4) Where on a reference to the Upper Tribunal under this section it is shown that an apportionment— (a) relates wholly or partly to the same matters as a previous apportionment, and (b) is consistent with that previous apportionment in so far as it relates to those matters, 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. (5) 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. (6) In this section and section 110— “compensation for depreciation” means so much of any compensation payable under section 107 as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land, “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 “relevant planning decision” means the planning decision by which planning permission or permission in principle is refused, or by which planning permission is granted subject to conditions other than those previously imposed by the development order , the local development order or the neighbourhood development order.

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110 Registration of compensation for depreciation.

(1) 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. (2) Where the Secretary of State is given such notice he shall cause notice of that fact to be deposited— (a) with the council of the district , Welsh county, county borough or London borough in which the land is situated, and (b) if that council is not the local planning authority, with the local planning authority. (3) Notices deposited under this section must specify— (a) 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 (b) the amount of compensation and any apportionment of it under section 109. (4) 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. (5) 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— (a) 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; (b) if the notice includes such an apportionment— (i) 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 (ii) 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.

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111 Recovery of compensation under s. 107 on subsequent development.

(1) 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. (2) Subject to subsections (3) to (5), this section applies to any . . .development— (a) 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 (b) which consists in the winning and working of minerals; or (c) 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. (3) 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. (4) 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. (5) This section does not apply to any development— (a) of a class specified in paragraph 1 of Schedule 3 which is carried out in accordance with the condition set out in Schedule 10; or (b) of a class specified in paragraph 2 of Schedule 3.

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112 Amount recoverable under s. 111 and provisions for payment or remission of it.

(1) 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— (a) 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; (b) 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. (2) 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. (3) 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). (4) 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. (5) 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. (6) An amount recoverable under section 111 in respect of any compensation shall be payable to the Secretary of State either— (a) as a single capital payment, or (b) as a series of instalments of capital and interest combined, or (c) as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Secretary of State may direct. (7) 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. (8) 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. (9) 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— (a) 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 (b) requiring him to pay that amount to the Secretary of State within such period as may be specified in the notice. (10) The period specified under subsection (9)(b) must not be less than three months after the service of the notice. (11) 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. (12) Subject to subsection (13), in paying any such sum to the local planning authority, the Secretary of State shall deduct from it— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the amount of any grant paid by him under Part XIV in respect of that compensation. (13) If the sum recovered by the Secretary of State under section 111— (a) is an instalment of the total sum recoverable, or (b) is recovered by reference to development of part of the land in respect of which the compensation was payable, 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.

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114 Compensation for planning decisions restricting development other than new development.

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115 Compensation in respect of orders under s. 102, etc.

(1) This section shall have effect where an order is made under section 102— (a) requiring a use of land to be discontinued, (b) imposing conditions on the continuance of it, or (c) requiring any buildings or works on land to be altered or removed. (2) 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— (a) 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 (b) by being disturbed in his enjoyment of the land or of such minerals, that authority shall pay to that person compensation in respect of that damage. (3) 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. (4) 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. (5) 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. (6) The orders referred to in subsection (5) are an order under paragraph 1 of Schedule 9— (a) requiring a use of land to be discontinued, or (b) imposing conditions on the continuance of it, or (c) requiring any buildings or works or plant or machinery on land to be altered or removed, or an order under paragraph 3, 5 or 6 of that Schedule.

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116 Modification of compensation provisions in respect of mineral working etc.

(1) Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under— (a) section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or (b) paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing, sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed. (2) Any such regulations may make provision— (a) as to circumstances in which compensation is not to be payable; (b) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed; (c) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed, and may also make different provision for different cases .... (3) 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. (4) 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— (a) of persons carrying out mining operations; (b) of owners of interests in land containing minerals; and (c) of mineral planning authorities.

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117 General provisions as to compensation for depreciation under Part IV.

(1) 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. (2) 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. (3) Where an interest in land is subject to a mortgage— (a) 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; (b) 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; (c) 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 (d) 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.

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118 Determination of claims for compensation.

(1) 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. (2) 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.

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137 Circumstances in which purchase notices may be served.

(1) This section applies where— (a) on an application for planning permission to develop any land, permission is refused or is granted subject to conditions; or (b) by an order under section 97 planning permission in respect of any land is revoked, or is modified by the imposition of conditions; or (c) an order is made under section 102 or paragraph 1 of Schedule 9 in respect of any land. (2) If— (a) 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 (b) 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, 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. (3) The conditions mentioned in subsection (2)(a) are— (a) that the land has become incapable of reasonably beneficial use in its existing state; and (b) 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 (c) 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. (4) The conditions mentioned in subsection (2)(b) are— (a) that by reason of the order the land is incapable of reasonably beneficial use in its existing state; and (b) 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. (5) 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. (6) 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— (a) until the expiration of three months beginning with the date of the service of the repairs notice; and (b) 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. (7) For the purposes of subsection (6) a compulsory acquisition— (a) 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 (b) is discontinued— (i) 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 (ii) 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. (8) 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).

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137A Purchase notices: Crown land

(1) A purchase notice may be served in respect of Crown land only as mentioned in this section. (2) The owner of a private interest in Crown land must not serve a purchase notice unless— (a) he first offers to dispose of his interest to the appropriate authority on equivalent terms, and (b) the offer is refused by the appropriate authority. (3) The appropriate authority may serve a purchase notice in relation to the following land— (a) land belonging to Her Majesty in right of Her private estates; (b) land belonging to Her Majesty in right of the Duchy of Lancaster; (c) land belonging to the Duchy of Cornwall; (d) land which forms part of the Crown Estate. (4) 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. (5) Expressions used in this section and in Part 13 must be construed in accordance with that Part.

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138 Circumstances in which land incapable of reasonably beneficial use.

(1) 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. (2) A prospective use of land shall be regarded as unauthorised for the purposes of subsection (1)— (a) if it would involve the carrying out of development other than any development specified in paragraph 1 or 2 of Schedule 3;or (b) 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.

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139 Action by council on whom purchase notice is served.

(1) 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— (a) that the council are willing to comply with the purchase notice; or (b) that another local authority or statutory undertakers specified in the response notice have agreed to comply with it in their place; or (c) 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. (2) 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. (3) 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— (a) to be authorised to acquire the interest of the owner compulsorily in accordance with the relevant provisions, and (b) to have served a notice to treat in respect of it on the date of service of the response notice. (4) 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— (a) of the proposed response notice, and (b) of the purchase notice. (5) 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.

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140 Procedure on reference of purchase notice to Secretary of State.

(1) 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. (2) Before confirming a purchase notice or taking such other action, the Secretary of State must give notice of his proposed action— (a) to the person who served the purchase notice; (b) to the council on whom it was served; (c) in England outside Greater London— (i) to the county planning authority and also, where that authority is a joint planning board, to the county council; and (ii) 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; (cc) in Wales, to the local planning authority, where it is a joint planning board; and (d) 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. (3) 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. (4) 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. (5) 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.

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141 Action by Secretary of State in relation to purchase notice.

(1) 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. (2) If it appears to the Secretary of State to be expedient to do so, he may, instead of confirming the purchase notice— (a) in the case of a notice served on account of the refusal of planning permission, grant planning permission for the development in question; (b) 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; (c) in the case of a notice served on account of the revocation of planning permission by an order under section 97, cancel the order; (d) 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 (e) 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. (3) 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. (4) 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. (5) 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.

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142 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.

(1) 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. (2) 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— (a) 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 (b) 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). (3) 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.

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143 Effect of Secretary of State’s action in relation to purchase notice.

(1) Where the Secretary of State confirms a purchase notice— (a) the council on whom the purchase notice was served, or (b) 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, 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. (2) If, before the end of the relevant period, the Secretary of State has neither— (a) confirmed the purchase notice, nor (b) taken any such action in respect of it as is mentioned in section 141(2) or (3), nor (c) notified the owner by whom the notice was served that he does not propose to confirm the notice, 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. (3) Subject to subsection (4), for the purposes of subsection (2) the relevant period is— (a) the period of nine months beginning with the date of service of the purchase notice; or (b) 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. (4) The relevant period does not run if the Secretary of State has before him at the same time both— (a) a copy of the purchase notice sent to him under section 139(4); and (b) 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. (5) Where— (a) 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 (b) that decision is quashed under Part XII, the purchase notice shall be treated as cancelled, but the owner may serve a further purchase notice in its place. (6) The reference in subsection (5) to a decision to confirm, or not to confirm, the purchase notice includes— (a) any decision not to confirm the notice in respect of any part of the land to which it relates, and (b) any decision to grant any permission, or give any direction, instead of confirming the notice, either wholly or in part. (7) 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. (8) 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.

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144 Special provisions as to compensation where purchase notice served.

(1) 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. (2) Where— (a) 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 (b) 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, that authority shall pay the person entitled to that interest compensation of an amount equal to the difference. (3) 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. (4) 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. (5) 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. (6) In this section— “ Schedule 3 value”, in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted— subject to the condition in Schedule 10, for any development of a class specified in paragraph 1 of Schedule 3; and for any development of a class specified in paragraph 2 of Schedule 3. “permitted development value”, in relation to an interest in land in respect of which a direction is given under section 141(3), means the value of that interest calculated with regard to that direction, but on the assumption that no planning permission would be granted otherwise than in accordance with that direction, and (7) 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— (a) that interest is acquired in accordance with this Chapter; or (b) compensation is payable in respect of that interest under subsection (2), no compensation shall be payable in respect of that order under section 115.

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145 Counter-notice requiring purchase of remainder of agricultural unit.

(1) This section applies where— (a) 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 (b) 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. (2) Where this section applies the claimant may serve on the acquiring authority a counter-notice— (a) 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 (b) requiring the acquiring authority to purchase his interest in the whole of the unaffected area. (3) Subject to subsection (4), “other relevant land” in subsection (2) means— (a) 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 (b) 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. (4) 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. (5) 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). (6) 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. (7) 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).

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146 Effect of counter-notice under s. 145.

(1) 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. (2) 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. (3) 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— (a) 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 (b) 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. (4) 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. (5) 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. (6) 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. (7) 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. (8) 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— (a) the authority shall offer to surrender the lease to the lessor on such terms as the authority consider reasonable; (b) 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; (c) if that question is referred to the Tribunal, the lessor shall be deemed— (i) 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 (ii) to have agreed with the authority on the terms of surrender which the Tribunal has held to be reasonable. (9) For the purposes of subsection (8) any terms as to surrender contained in the lease shall be disregarded. (10) Where the lessor— (a) refuses to accept any sum payable to him by virtue of subsection (8), or (b) refuses or fails to make out his title to the satisfaction of the acquiring authority, 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. (11) 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.

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147 Provisions supplemental to ss. 145 and 146.

(1) 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. (2) In sections 145, 146 and this section— “agricultural” and “agricultural land” have the meaning given in section 109 of the Agriculture Act 1947 and references to the farming of land include references to the carrying on in relation to the land of any agricultural activities; “agricultural unit” has the meaning given in section 171(1); “acquiring authority” has the same meaning as in the Land Compensation Act 1961 ; and “government departments which possess compulsory purchase powers” means government departments being authorities possessing compulsory purchase powers within the meaning of that Act.

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