Change 1 Article Choose an article Title and introductory text 1 The Minister 2 Local planning authorities and committees 3 Delegation of functions of local planning authorities 4 Surveys of planning areas and preparation of development plans 5 Approval of development plans 6 Amendment of development plans 7 Additional powers of Minister with respect to development plans 8 Incorporation in development plans of orders and schemes relating to highways and new towns 9 Modification of development plans in relation to land designated as subject to compulsory acquisition 10 Supplementary provisions as to development plans 11 Publication, and date of operation, of development plans 12 Meaning of “development” and “new development” 13 Development requiring planning permission 14 Development orders 15 Publication of notices of applications for planning permission 16 Notification of applications for planning permission to owners and agricultural tenants 17 Determination by local planning authorities of applications for planning permission 18 Conditional grant of planning permission 19 Supplementary provisions as to applications for planning permission 20 Permission to retain buildings or works or continue use of land 21 Supplementary provisions as to effect of planning permission 22 Reference of planning applications to Minister 23 Appeals against planning decisions 24 Appeal in default of planning decision 25 Review of planning decisions where compensation claimed 26 Supplementary provisions as to review of planning decisions 27 Power to revoke or modify planning permission 28 Orders requiring discontinuance of use or alteration or removal of buildings or works 29 Tree preservation orders 30 Building preservation orders 31 Supplementary provisions as to building preservation orders 32 Lists of buildings of special architectural or historic interest 33 Effect of inclusion of building in a list under s.32 34 Control of advertisements 35 Applications for planning permission not needed for advertisements complying with regulations 36 Proper maintenance of waste land, etc. 37 Agreements regulating development or use of land 38 Industrial development certificates 39 Exemption of certain classes of development 40 Provision for cases where industrial development certificate withheld 41 Deemed planning permission 42 Application of planning control to local planning authorities 43 Applications to determine whether planning permission required 44 Appeal to independent tribunal 45 Power to serve enforcement notices 46 Appeal to Minister against enforcement notice 47 Penalties for non-compliance with enforcement notices 48 Execution by local planning authority of work required by enforcement notice 49 Supplementary provisions as to enforcement notices 50 Effect of planning permission on enforcement notice 51 Enforcement notice to have effect against subsequent development 52 Notice to enforce control under s.33 53 Appeal to Minister against notice under s.52 54 Execution by local planning authority of work required by notice under s.52 55 Supplementary provisions as to notices under s.52 56 Penalty for non-compliance with notice under s.36 57 Appeal to magistrates' court against notice under s.36 58 Further appeal to quarter sessions 59 Execution by local planning authority of work required by notice under s.36 60 Supplementary provisions as to notices under s.36 61 Enforcement of orders under s.28 62 Enforcement of tree and building preservation orders 63 Enforcement of control of advertisements 64 Supplementary provisions as to appeals to Minister under Part IV 65 Recovery of expenses of local planning authorities under Part IV 66 Enforcement in relation to local planning authorities 67 Compulsory acquisition of designated land 68 Compulsory acquisition of land for development 69 Compulsory acquisition of building comprised in building preservation order 70 Extinguishment of rights over land compulsorily acquired 71 Acquisition of land by agreement 72 Acquisition of land for purposes of exchange 73 Appropriation of land for planning purposes 74 Order providing for expedited completion 75 General effect of order providing for expedited completion 76 Special provisions as to certain tenancies 77 Appropriation of land held for planning purposes 78 Disposal of land held for planning purposes 79 Development of land held for planning purposes 80 Special provisions as to features and buildings of architectural or historic interest 81 Power to override easements and other rights 82 Use and development of consecrated land and burial grounds 83 Use and development of land for open spaces 84 Displacement of persons from land acquired or appropriated 85 Constitution of joint body to hold land acquired for planning purposes 86 Modification of incorporated enactments for purposes of Part V 87 Interpretation of Part V 88 Scope of Part VI 89 Derivation of unexpended balance from claims under Part VI of Act of 1947 90 Original unexpended balance of established development value 91 Claim holdings, their areas and values 92 Adjustment of claim holdings 93 General provision for continuance of original unexpended balance 94 Reduction or extinguishment of balance in consequence of compensation 95 Reduction or extinguishment of balance on initiation of new development 96 Reduction or extinguishment of balance on acquisition of land under compulsory powers 97 Reduction or extinguishment of balance in consequence of severance or injurious affection 98 Supplementary provisions as to deductions from original balance 99 Provision of information relating to unexpended balance 100 General provision as to right to compensation 101 Planning decisions not ranking for compensation 102 No compensation if certain other development permitted 103 Further exclusions from compensation 104 Grant of planning permission treated as subject to notional condition 105 Notice under s.40 treated as planning decision 106 General provisions as to amount of compensation 107 Assessment of depreciation 108 General provisions as to claims for compensation 109 Effect on claims of direction under s.25 110 Determination of claims 111 Payment of compensation 112 Apportionment and registration of compensation 113 Recovery of compensation on subsequent development 114 Amount recoverable, and provisions for payment or remission thereof 115 Amount recovered not to be deducted from unexpended balance 116 Mortgages, rentcharges and settlements 117 Calculation of value 118 Compensation where planning permission revoked or modified 119 Application of s.118 to special cases of refusal or conditional grant of planning permission 120 Registration and apportionment of compensation for depreciation 121 Exchequer contribution towards compensation in certain cases 122 Recovery, on subsequent development, of compensation under s.118 123 Compensation for planning decisions restricting development other than new development 124 Compensation in respect of orders under s.28 125 Compensation in respect of tree and building preservation orders 126 Compensation for restrictions on advertising 127 General provisions as to compensation for depreciation under Part VII 128 Determination of claims for compensation 129 Purchase notice on refusal or conditional grant of planning permission 130 Action by council on whom purchase notice is served 131 Procedure on reference of purchase notice to Minister 132 Action by Minister in relation to purchase notice 133 Effect of Minister's action in relation to purchase notice 134 Special provisions as to compensation where purchase notice served 135 Purchase notice in respect of order revoking or modifying planning permission 136 Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works 137 Purchase notices in other cases 138 Scope of these provisions 139 Notice requiring purchase of claimant's interest 140 Objection to notice requiring purchase of claimant's interest 141 Reference of objection to Lands Tribunal 142 Effect of valid notice requiring purchase 143 Compensation for acquisition in pursuance of notice requiring purchase 144 Withdrawal of notice requiring purchase 145 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire 146 Death of claimant after service of notice requiring purchase 147 “Appropriate authority” for purposes of these provisions 148 “Appropriate enactment” for purposes of these provisions 149 Meaning of “owner-occupier” and “resident owner-occupier” 150 General interpretation of these provisions 151 Special provisions as to partnerships 152 No withdrawal of constructive notice to treat 153 Stopping up and diversion of highways 154 Procedure in relation to orders under s.153 155 Extinguishment of public rights of way over land held for planning purposes 156 Compulsory acquisition of land in connection with highways 157 Concurrent proceedings in connection with highways 158 Provisions as to telegraphic lines 159 Planning permission to develop operational land 160 Development requiring authorisation of government department 161 Revocation or modification of permission to develop operational land 162 Order requiring discontinuance of use etc. of operational land 163 Acquisition of land of statutory undertakers 164 Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers 165 Orders under s.164 166 Extension or modification of functions of statutory undertakers 167 Procedure in relation to orders under s.166 168 Relief of statutory undertakers from obligations rendered impracticable 169 Objections to orders under ss.166 and 168 170 Right to compensation in respect of certain decisions and orders 171 Measure of compensation to statutory undertakers 172 Exclusion of s.171 at option of statutory undertakers 173 Procedure for assessing compensation where s.171 applies 174 Special provisions as to display of advertisements on operational land 175 Special provisions as to statutory undertakers who are local planning authorities 176 Validity of development plans and of certain orders, decisions and directions 177 Validity of enforcement notices and similar notices 178 Proceedings for questioning validity of development plans and of orders under ss.153 and 168 179 Proceedings for questioning validity of other orders, decisions and directions 180 Appeals to High Court relating to enforcement notices and similar notices 181 Appeals to High Court against decisions under s.43 182 Special provision as to decisions relating to statutory undertakers 183 Special provisions as to orders subject to special parliamentary procedure 184 Exchequer grants to local authorities 185 Maximum amounts of grants 186 Supplementary provisions as to Exchequer grants 187 Loans to local authorities 188 Contributions by Ministers towards compensation paid by local authorities 189 Contributions by local authorities and statutory undertakers 190 Recovery from acquiring authorities of sums paid by way of compensation 191 Recovery from acquiring authorities of sums paid in respect of war-damaged land 192 Sums recoverable from acquiring authorities reckonable for purposes of grant 193 Expenses of government departments 194 Repayment of sums issued out of Consolidated Fund in respect of certain payments 195 General provision as to receipts of Minister 196 Expenses of county councils 197 Power to modify Act in relation to minerals 198 Modification of Mines (Working Facilities and Support) Act, 1923 199 Exercise of powers in relation to Crown land 200 Agreements relating to Crown land 201 Supplementary provisions as to Crown and Duchy interests 202 Application of Act to London 203 Application of Act to Isles of Scilly 204 National Coal Board 205 Ecclesiastical property 206 Settled land, and land of universities and colleges 207 Default powers of Minister 208 Recovery, on subsequent development, of payments in respect of war-damaged land 209 Development charges 210 Temporary provisions pending operation of development plans 211 Rights of entry 212 Supplementary provisions as to rights of entry 213 Local inquiries 214 Service of notices 215 Power to require information as to interests in land 216 Combined applications 217 Regulations and orders 218 Exercise of functions of Board of Trade 219 Licensing planning areas 220 Act not excluded by special enactments 221 Interpretation 222 Consequential amendments 223 Savings, transitional provisions and repeals 224 Saving for Interpretation Act, 1889, s.38 225 Commencement 226 Short title and extent FIRST SCHEDULE Joint Planning Boards SECOND SCHEDULE Planning Committees and Joint Advisory Committees THIRD SCHEDULE Development not Constituting New Development FOURTH SCHEDULE Further Provisions with respect to Orders Providing for Expedited Completion FIFTH SCHEDULE Adjustment of Claim Holdings SIXTH SCHEDULE Calculation of Value of Previous Development of Land SEVENTH SCHEDULE Apportionment of Unexpended Balance of Established Development Value EIGHTH SCHEDULE Provisions of Act referred to in sections 187, 196, 197, 203 to 205, 215 and 217 NINTH SCHEDULE Provisions relating to London TENTH SCHEDULE Development Charges ELEVENTH SCHEDULE Enactments excepted from S. 217 (5) TWELFTH SCHEDULE Enactments Amended THIRTEENTH SCHEDULE Savings and Transitional Provisions relating to Enactments previously Repealed FOURTEENTH SCHEDULE Further Savings and Transitional Provisions FIFTEENTH SCHEDULE Enactments Repealed
What to do with it
As published
40 Provision for cases where industrial development certificate withheld
(1) Where such an application as is mentioned in subsection (1) of section thirty-eight of this Act is, by virtue of that subsection, of no effect by reason that the requirements of that subsection are not fulfilled, the local planning authority shall consider whether, if those requirements had been fulfilled, they would nevertheless have refused the permission sought by the application, either in respect of the whole or in respect of part of the land to which the application relates; and if they are of the opinion that they would so have refused that permission, they shall serve on the applicant a notice in writing to that effect.
(2) Where a notice is served under the preceding subsection in respect of the whole or part of any land, it shall operate, for the purposes of sections twenty-five and twenty-six of this Act, as if the application for planning permission had been an effective application and the notice had been a planning decision of the local planning authority refusing that permission in respect of that land or that part thereof, as the case may be; and the provisions of those sections (if in those circumstances they would have been applicable) shall have effect accordingly.
Your wording
Your change, as a redline
40 Provision for cases where industrial development certificate withheld
(1) Where such an application as is mentioned in subsection (1) of section thirty-eight of this Act is, by virtue of that subsection, of no effect by reason that the requirements of that subsection are not fulfilled, the local planning authority shall consider whether, if those requirements had been fulfilled, they would nevertheless have refused the permission sought by the application, either in respect of the whole or in respect of part of the land to which the application relates; and if they are of the opinion that they would so have refused that permission, they shall serve on the applicant a notice in writing to that effect.
(2) Where a notice is served under the preceding subsection in respect of the whole or part of any land, it shall operate, for the purposes of sections twenty-five and twenty-six of this Act, as if the application for planning permission had been an effective application and the notice had been a planning decision of the local planning authority refusing that permission in respect of that land or that part thereof, as the case may be; and the provisions of those sections (if in those circumstances they would have been applicable) shall have effect accordingly.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.