Law

Town and Country Planning Act 1990

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

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.

sha256 501319918b0ac827cdf2d1bfe3d28f70500fe909e35003be5f6dcd5b9ec384eb

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

293C Urgent Crown development: determination of applications by the Secretary of State

(1) This section applies where — (a) the appropriate authority has made a relevant application to the Secretary of State under section 293B, and (b) the Secretary of State has given notice under section 293B(5) agreeing to determine the application. (2) Before determining the application, the Secretary of State must consult the following persons about the application— (a) the local planning authority to which the application could otherwise have been made, and (b) such other persons as the Secretary of State considers appropriate. (3) A development order may make provision as to the consultation required by subsection (2) including— (a) provision requiring the Secretary of State to consult other specified persons (or persons of a specified description); (b) provision as to the manner in which persons may be consulted; (c) different provision for different cases or classes of development. (4) The Secretary of State may— (a) grant the application, either unconditionally or subject to such conditions as the Secretary of State thinks fit, or (b) refuse it. (5) 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. (6) The decision of the Secretary of State on the application is final. (7) 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. (8) The following provisions do not apply for the purposes of determining an application for planning permission under section 293B— (a) section 58B(1) of this Act; (b) sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Propose a change

293D Crown development: applications to the Secretary of State

(1) This section applies where— (a) the appropriate authority intends to make a relevant application, and (b) the authority considers that the development to which it relates is of national importance. (2) The appropriate authority may make the application to the Secretary of State under this section. (3) In this section and section 293E, “relevant application” means— (a) an application for planning permission, or permission in principle, for the development of land in England, or (b) 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, but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations. (4) 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. (5) If the Secretary of State considers the development to be of national importance, the Secretary of State must proceed to determine the application. (6) 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). (7) The Secretary of State may— (a) refer the application to the local planning authority to whom it could otherwise have been made, and (b) direct that the application— (i) is to be treated as having been made to the authority (and not to the Secretary of State under this section), and (ii) is to be determined by that authority accordingly. (8) Subsection (9) applies where— (a) the application could otherwise have been made to the Secretary of State under section 62A, and (b) 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. (9) The Secretary of State may— (a) 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 (b) determine the application accordingly.

Propose a change

293E Crown development: connected applications to the Secretary of State

(1) This section applies where— (a) the appropriate authority makes an application to the Secretary of State under section 293D, and (b) 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. (2) 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. (3) The requirements are that— (a) the application is— (i) for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990, (ii) for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or (iii) of a prescribed description, (b) it is considered by the person making the application to be connected to an application under section 293D, (c) it is neither a relevant application nor an application of the kind described in section 73(1), and (d) it relates to land in England. (4) 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— (a) refer the connected application to the local planning authority, or hazardous substances authority, to whom it could otherwise have been made, and (b) direct that the connected application— (i) is to be treated as having been made to that authority (and not to the Secretary of State under this section), and (ii) is to be determined by that authority accordingly.

Propose a change

293F Applications under section 293D or 293E: supplementary matters

(1) The decision of the Secretary of State on an application made under section 293D or 293E is final. (2) 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. (3) Directions under subsection (2)— (a) may relate to a particular application or to applications more generally; (b) may be given to a particular authority or to authorities more generally.

Propose a change

293G Notifying parish councils of applications under section 293D(2)

(1) 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— (a) the application, and (b) any alteration of the application accepted by the Secretary of State. (2) 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.

Propose a change

293H Provisions applying to applications made under section 293D or 293E

(1) 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. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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. (7) For the purposes of subsection (6), information is “sensitive” if the Secretary of State directs that— (a) it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and (b) its public disclosure would be contrary to the national interest.

Propose a change

293I Deciding applications made under section 293D or 293E

(1) 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. (2) 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— (a) revoke the person’s appointment; (b) appoint another person to determine the application instead. (3) 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. (4) 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. (5) Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever. (6) 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. (7) Where any enactment (other than this section and section 319A)— (a) 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 (b) 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, 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.

Propose a change

293J Applications under section 293D or 293E: determination by the Secretary of State

(1) 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. (2) Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on— (a) the person, if any, appointed under section 293I to determine the application concerned, (b) the applicant, and (c) the local planning authority. (3) Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)— (a) 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 (b) 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. (4) 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. (5) Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on— (a) the person, if any, previously appointed under section 293I to determine the application concerned, (b) the applicant, and (c) the local planning authority. (6) Where a direction is given under subsection (4) in relation to a direct application— (a) 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 (b) subject to that, section 293I applies to the application as if no direction under subsection (1) had been given in relation to the application.

Propose a change

294 Control of development on Crown land: special enforcement notices.

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

Propose a change

295 Supplementary provisions as to special enforcement notices.

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

Propose a change

296 Exercise of powers in relation to Crown land.

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

Propose a change

296A Enforcement in relation to the Crown

(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act. (2) 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. (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate. (4) 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. (5) A step taken for the purposes of enforcement includes— (a) entering land; (b) bringing proceedings; (c) the making of an application. (6) A step taken for the purposes of enforcement does not include— (a) service of a notice; (b) the making of an order (other than by a court).

Propose a change

296B References to an interest in land

(1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest. (2) 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. (3) An interest in land includes an interest only as occupier of the land.

Propose a change

297 Agreements relating to Crown land.

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

Propose a change

298 Supplementary provisions as to Crown and Duchy interests.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) 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.

Propose a change

298A Applications for planning permission etc by Crown

(1) 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. (2) The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications. (3) A statutory provision is a provision contained in or having effect under any enactment.

Propose a change

299 Application for planning permission etc. in anticipation of disposal of Crown land.

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

Propose a change

299A Crown planning obligations.

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

Propose a change

300 Tree preservation orders in anticipation of disposal of Crown land.

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

Propose a change

301 Requirement of planning permission for continuance of use instituted by the Crown.

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

Propose a change

302 Enforcement in respect of war-time breaches of planning control by the Crown.

(1) This section applies where during the war period— (a) works not complying with planning control were carried out on land, or (b) a use of land not complying with planning control was begun by or on behalf of the Crown. (2) 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— (a) that the works were carried out or the land used by or on behalf of the Crown, or (b) 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. (3) 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— (a) 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 (b) if so, whether the works or use should be deemed to comply with that control. (4) 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. (5) 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). (6) In this section and that Schedule— “authority responsible for enforcing planning control” means, in relation to any works on land or use of land, the authority empowered by virtue of section 75 of the 1947 Act or of 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) to serve an enforcement notice in respect of it or the authority who would be so empowered if the works had been carried out, or the use begun, otherwise than in compliance with planning control; “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; “owner” has the same meaning as in the Housing Act 1985 and “owned” shall be construed accordingly; “permanent or long-term interest”, in relation to any land, means the fee simple in the land, a tenancy of the land granted for a term of more than ten years and not subject to a subsisting right of the landlord to determine the tenancy at or before the expiration of ten years from the beginning of the term, or a tenancy granted for a term of ten years or less with a right of renewal which would enable the tenant to prolong the term of the tenancy beyond ten years; “tenancy” includes a tenancy under an underlease and a tenancy under an agreement for a lease or underlease, but does not include an option to take a tenancy and does not include a mortgage; “war period” means the period extending from 3rd September 1939 to 26th March 1946; “works” includes any building, structure, excavation or other work on land. (7) References in this section and that Schedule to non-compliance with planning control mean— (a) 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; (b) 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; and references in this Act to compliance with planning control shall be construed accordingly. (8) 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).

Propose a change

303 Fees for planning applications etc.

(1) The appropriate authority may by regulations make provision for the payment of a fee or charge to a local planning authority in respect of— (a) the performance by the local planning authority of any function they have; (b) anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function. (1ZZA) 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). (1ZA) The Secretary of State may by regulations make provision for the payment of a fee to— (a) 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; (b) 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. (1A) The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of— (a) any application made to the Secretary of State under section 62A; (b) 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. (1B) The Welsh Ministers may by regulations make provision for the payment of a fee or charge to the Welsh Ministers in respect of— (a) 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); (b) anything done by the Welsh Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function. (1C) References in subsection (1B) to functions that the Welsh Ministers have in respect of an application include references— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) 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. (2) 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). (3) 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— (a) any provision of this Act other than section 177(5), or (b) any order or regulations made under this Act. (4) 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). (4A) 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. (5) Regulations under this section may in particular— (a) make provision as to when a fee or charge payable under the regulations is to be paid; (b) make provision as to who is to pay a fee or charge payable under the regulations; (c) make provision as to how a fee or charge payable under the regulations is to be calculated (including who is to make the calculation); (d) prescribe circumstances in which a fee or charge payable under the regulations is to be remitted or refunded (wholly or in part); (e) prescribe circumstances in which no fee or charge is to be paid; (f) make provision as to the effect of paying or failing to pay a fee or charge in accordance with the regulations; (g) 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. (5A) 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. (5B) 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. (5C) Provision made in reliance on subsection (5A) or (5B) must include provision about— (a) consultation to be carried out in relation to the setting of the level of a fee or charge; (b) the criteria to be applied when setting the level of a fee or charge; (c) publication of information or reports; (d) obligations to notify the Secretary of State; (e) reviews of the level of a fee or charge. (6) Regulations under this section may— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) 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. (7) In this section “the appropriate authority” means— (a) the Secretary of State in relation to England; (b) the Welsh Ministers in relation to Wales. (8) 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— (a) each House of Parliament ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8A) 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. (8B) Where— (a) 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 (b) 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), 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. (8C) 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). (8D) The functions that fall within this subsection are— (a) functions under— (i) Part 3, (ii) in Part 7, section 191 or 192, or (iii) Part 8; (b) in the case of the Mayor of London, functions under section 2A and related functions under sections 2B to 2F; (c) functions under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990; (d) functions under section 17 of the Land Compensation Act 1961; (e) functions specified for the purposes of this paragraph in regulations made by the Secretary of State, other than functions in connection with applications made in legal proceedings. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) 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). (10A) 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. (11) A financial year is the period of 12 months beginning with 1 April.

Propose a change

303ZZA Directions in relation to fees set by English local planning authorities etc

(1) This section applies where— (a) 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 (b) the Secretary of State considers that the fee or charge is set or proposed to be set at a level that is not appropriate. (2) The Secretary of State may direct the charging authority to review the level of the fee or charge. (3) A charging authority to which a direction is given under subsection (2) must— (a) review the fee or charge, and (b) notify the Secretary of State of its decision as a result of the review, giving reasons. (4) Subsection (5) applies where— (a) a charging authority fails to comply with subsection (3), or (b) 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. (5) 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. (6) The Secretary of State may by regulations make provision— (a) about the time by which any requirement imposed by or under this section must be complied with; (b) about the fee or charge that is to apply while a charging authority reviews a fee or charge following a direction under subsection (2); (c) 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). (7) In this section “specified person” has the same meaning as in section 303.

Propose a change

303ZZB Surcharge on planning fees

(1) The Secretary of State may by regulations make provision for a surcharge to be imposed on a fee or charge paid— (a) to a local planning authority in England under section 303(1) or (2), (b) to the Mayor of London or a specified person under section 303(1ZA), or (c) to the Secretary of State under section 303(1A), (2), (3) or (4A). (2) 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— (a) subject to such deductions, and (b) at the times and in the manner, as set out in regulations under subsection (1). (3) Regulations under subsection (1) may— (a) specify the level of the surcharge as a percentage of the level of a fee or charge; (b) make different provision for different purposes, including setting different levels of surcharge for different fees, charges, cases or circumstances. (4) Regulations under subsection (1) may provide that where the level of the fee or charge has been set by— (a) a local planning authority under section 303(5A), or (b) the Mayor of London or a specified person under section 303(5B), 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. (5) The Secretary of State must list in regulations the persons whose relevant costs the surcharge is intended to cover (“listed persons”). (6) 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. (7) 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— (a) applications, (b) proposed applications, or (c) proposals for a permission, approval or consent, that are made under or for the purposes of the planning Acts and that relate to land in England. (8) 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. (9) 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. (10) 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.

Propose a change

303ZA Fees for appeals

(1) 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— (a) this Act; (b) the Planning (Listed Buildings and Conservation Areas) Act 1990. (2) The regulations may in particular— (a) make provision as to when a fee payable under the regulations is to be paid; (b) make provision as to how such a fee is to be calculated (including who is to make the calculation); (c) prescribe circumstances in which such a fee is to be remitted or refunded (wholly or in part); (d) prescribe circumstances in which no fee is to be paid; (e) make provision as to the effect of paying or failing to pay a fee in accordance with the regulations. (3) A fee payable to the appropriate authority under regulations made under this section is payable— (a) by the appellant; (b) in addition to any fee payable to the appropriate authority under regulations made under section 303. (4) Regulations under this section may— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) 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. (5) In this section “the appropriate authority” means— (a) the Secretary of State in relation to England; (b) the Welsh Ministers in relation to appeals under any provision made by or under this Act as it applies in relation to Wales. (6) 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— (a) each House of Parliament ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

303A Responsibility of local planning authorities for costs of holding certain inquiries etc.

(1) This section applies if the appropriate authority appoints a person to carry out or hold a qualifying procedure. (1A) A qualifying procedure is— (zza) a public examination under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004; (a) an independent examination under section 15D, 15DB, 15H(3)(b), 15HA(6)(a) or 64 of the Planning and Compulsory Purchase Act 2004; (b) a local inquiry or other hearing under paragraph 8(1)(a) of Schedule 7; (c) the consideration of objections under paragraph 8(1)(b) of that Schedule. (1B) Where a local planning authority cause a qualifying procedure to be carried out or held, the appropriate authority is— (a) the Secretary of State if the local planning authority causing the procedure to be carried out or held is in England; (b) the National Assembly for Wales if the local planning authority causing the procedure to be carried out or held is in Wales. (1BA) Where the qualifying procedure is a public examination of a spatial development strategy under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Secretary of State. (1C) 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. (2) 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 , corporate joint committee or strategic planning authority causing the qualifying procedure to be held. (3) 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 , corporate joint committee or strategic planning authority shall be recoverable from that authority or committee as a civil debt. (4) 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. (5) 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— (a) 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 ; (b) any costs actually incurred on travelling or subsistence allowances payable to that person in connection with the qualifying procedure ; (c) any costs attributable to the appointment of an assessor to assist that person . . . and (d) any other costs attributable to the appointment of that person. (6) 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 , corporate joint committee or strategic planning authority 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. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9A) A reference to a local planning authority , corporate joint committee or strategic planning authority causing a qualifying procedure to be carried out includes a reference to the case where under the Planning and Compulsory Purchase Act 2004— (a) the local planning authority , corporate joint committee or strategic planning authority are required to submit a strategy, plan or document to the appropriate authority for independent examination, or (b) the Secretary of State (or a person acting on the Secretary of State’s behalf) holds a public or independent examination in relation to a strategy, plan or document prepared by the local planning authority or strategic planning authority, or by the Secretary of State under section 12P(2)(a) or 15HA(2)(a) of that Act. (9B) 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. (9C) In a case where a qualifying procedure is carried out in relation to a spatial development strategy that is prepared by a strategic planning board under Part 1A of the Planning and Compulsory Purchase Act 2004 (see section 12B of that Act), 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 the constituent authorities of the board, on such basis as the Secretary of State considers just and reasonable. (10) In this section— (za) 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; (a) 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 (b) 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. (11) This section applies in relation to costs arising before, as well as costs arising after, its coming into force. (12) 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. (13) In this section “strategic planning authority” has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004.

Propose a change

304 Grants for research and education.

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.

Propose a change

304A Grants for advice and assistance

(1) 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— (a) the planning Acts; (b) the Planning and Compulsory Purchase Act 2004; (ba) the Planning Act 2008; (c) the enactments mentioned in subsection (2). (2) The enactments are enactments which relate to planning contained in the following Acts— (a) the Planning and Compensation Act 1991; (b) the Transport and Works Act 1992; (c) the Environment Act 1995. (3) The appropriate authority may make a grant subject to such terms and conditions as it thinks appropriate. (4) Person includes a body whether or not incorporated. (5) The appropriate authority is— (a) the Secretary of State in relation to England; (b) the National Assembly for Wales in relation to Wales.

Propose a change

305 Contributions by Ministers towards compensation paid by local authorities.

(1) Where— (a) 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 (b) 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, 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. (2) 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.

Propose a change

306 Contributions by relevant authorities and statutory undertakers.

(1) 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— (a) 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, (b) in the construction or improvement of roads on land so acquired, or (c) in connection with any development required in the interests of the proper planning of the area of the relevant authority. (2) Any relevant authority and any statutory undertakers may contribute towards— (a) 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); (ab) 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); (b) 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. (2A) 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). (2B) The persons are— (a) a local authority in Wales; (b) a statutory undertaker authorised to carry on an undertaking in Wales. (3) 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. (4) 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. (5) 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. (6) This section shall have effect as if the references to a local authority included references to a National Park authority. (7) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA.

Propose a change

307 Assistance for acquisition of property where objection made to blight notice in certain cases.

(1) 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. (2) 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). (3) An advance under subsection (1) may be made subject to such conditions as the council may think fit.

Propose a change

308 Recovery from acquiring authorities of sums paid by way of compensation.

(1) This section applies where— (a) an interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and (b) 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. (2) 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. (3) 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. (4) 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. (5) 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). (6) 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.

Propose a change

309 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

310 Sums recoverable from acquiring authorities reckonable for purposes of grant.

Where— (a) a sum is recoverable from any authority under section 308 . . . by reference to an acquisition or purchase of an interest in land, and (b) 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 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.

Propose a change

311 Expenses of government departments.

(1) The following expenses of the Secretary of State shall be paid out of money provided by Parliament— (a) 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; (b) any sums necessary to enable the Secretary of State to make any payments becoming payable by him under Part IV . . .; (c) any expenses incurred by the Secretary of State under Part X; (d) any expenses incurred by the Secretary of State in the making of grants under section 304; (e) any administrative expenses incurred by the Secretary of State for the purposes of this Act. (2) There shall be paid out of money provided by Parliament any expenses incurred by any government department (including the Secretary of State)— (a) in the acquisition of land under Part IX; (b) in the payment of compensation under section 236(4), 279(2) or 325; (c) under section 240(1)(b); or (d) under section 305.

Propose a change

312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

313 General provision as to receipts of Secretary of State.

. . .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.

Propose a change

314 Expenses of county councils.

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.

Propose a change

314A Wales: duties relating to listed buildings and features of architectural or historic interest

(1) 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— (a) the listed building, (b) the setting of the building, or (c) any features of special architectural or historic interest the building possesses. (2) 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. (3) In subsection (2), “relevant local authority” means— (a) a county council or county borough council in Wales; (b) a National Park authority in Wales; (c) a joint planning board constituted under section 2(1B). (4) In this section, “listed building” means— (a) a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales, or (b) a listed building (within the meaning given by section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990) situated in England.

Propose a change

315 Power to modify Act in relation to minerals.

(1) 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. (2) 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. (3) 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. (4) Any regulations made by virtue of subsection (1) shall not apply— (a) 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; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) 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.

Propose a change

← Find another law