Change 1 Article Choose an article Title and introductory text 1 Local planning authorities 2 Planning committees and joint advisory committees 3 Delegation of functions to councils of county districts 4 Delegation of functions to officers of local authorities 5 Local planning authorities in Greater London 6 Survey of planning areas 7 Preparation of structure plans 8 Publicity in connection with preparation of structure plans 9 Approval or rejection of structure plan by Secretary of State 10 Alteration of structure plans 11 Preparation of local plans 12 Publicity in connection with preparation of local plans 13 Inquiries, etc. with respect to local plans 14 Adoption and approval of local plans 15 Alteration of local plans 16 Disregarding of representations with respect to development authorised by or under other enactments 17 Default powers of Secretary of State 18 Supplementary provisions as to structure and local plans 19 Application of Part II to Greater London 20 Meaning of "development plan" 21 Commencement of Part II and interim provisions 22 Meaning of "development" and "new development" 23 Development requiring planning permission 24 Development orders 25 Form and content of applications 26 Publication of notices of applications 27 Notification of applications to owners and agricultural tenants 28 Publicity for applications affecting conservation areas 29 Determination of applications 30 Conditional grant of planning permission 31 Directions etc. as to method of dealing with applications 32 Permission to retain buildings or works or continue use of land 33 Provisions as to effect of planning permission 34 Registers of applications and decisions 35 Reference of applications to Secretary of State 36 Appeals against planning decisions 37 Appeal in default of planning decision 38 Review of planning decisions where compensation claimed 39 Provisions supplementary to s.38 40 Development by local authorities and statutory undertakers with authorisation of government department 41 Limit of duration of planning permission 42 Outline planning permission 43 Provisions supplementary to ss.41 and 42 44 Termination of planning permission by reference to time limit 45 Power to revoke or modify planning permission 46 Unopposed revocation or modification 47 Constitution of Planning Inquiry Commission 48 References to a Planning Inquiry Commission 49 Procedure on reference to a Planning Inquiry Commission 50 Appeal to independent tribunal 51 Orders requiring discontinuance of use or alteration or removal of buildings or works 52 Agreements regulating development or use of land 53 Applications to determine whether planning permission required 54 Lists of buildings of special architectural or historic interest 55 Control of works for demolition, alteration or extension of listed buildings 56 Provisions supplementary to s.55 57 Acts causing or likely to result in damage to listed buildings 58 Building preservation notice in respect of building not listed 59 Planning permission to include appropriate provision for preservation and planting of trees 60 Tree preservation orders 61 Provisional tree preservation orders 62 Replacement of trees 63 Control of advertisements 64 Application for planning permission not needed for advertisements complying with regulations 65 Proper maintenance of waste land 66 Meaning of "industrial building" 67 Industrial development certificates 68 Exemption of certain classes of development 69 Power to vary exemption limit as to industrial floor space 70 Restrictions or conditions attached to certificates 71 Provisions as to conditions imposed under s.70 72 Provision for cases where certificate withheld 73 Meaning of "office premises" 74 Office development permits 75 Exemption by reference to office floor space 76 Mixed industrial and office development 77 Restrictions or conditions attached to office development permits 78 Planning permission for erection of building where no office development permit required 79 Planning permission for alteration or extension of building where no office development permit required 80 Planning permission for erection of two or more buildings where no office development permit required 81 Provisions supplementary to ss.78 to 80 82 Provisions as to conditions imposed or implied in pursuance of these provisions 83 Development in metropolitan region: planning permission granted before passing of Act of 1965 84 Annual report 85 Interpretation of these provisions 86 Temporary operation of these provisions 87 Power to serve enforcement notice 88 Appeal against enforcement notice 89 Penalties for non-compliance with enforcement notice 90 Power to stop further development pending proceedings on enforcement notice 91 Execution and cost of works required by enforcement notice 92 Effect of planning permission on enforcement notice 93 Enforcement notice to have effect against subsequent development 94 Certification of established use 95 Grant of certificate by Secretary of State on referred application or appeal against refusal 96 Power to serve listed building enforcement notice 97 Appeal against listed building enforcement notice 98 Penalties for non-compliance with listed building enforcement notice 99 Execution and cost of works required by listed building enforcement notice 100 Enforcement by, or by direction of, the Secretary of State 101 Works for preservation of unoccupied listed building in cases of urgency 102 Penalties for non-compliance with tree preservation order 103 Enforcement of duties as to replacement of trees 104 Penalty for non-compliance with notice as to waste land 105 Appeal to magistrates' court against notice as to waste land 106 Further appeal to the Crown Court 107 Execution and cost of works required by notice as to waste land 108 Enforcement of orders under s.51 109 Enforcement of control as to advertisements 110 Supplementary provisions as to appeals to Secretary of State under Part V 111 Recovery of expenses of local planning authorities under Part V 112 Compulsory acquisition of land in connection with development and for other planning purposes 113 Compulsory acquisition of land by Secretary of State for the Environment 114 Compulsory acquisition of listed building in need of repair 115 Repairs notice as preliminary to compulsory acquisition under s.114 116 Compensation on compulsory acquisition of listed building 117 Minimum compensation in case of listed building deliberately left derelict 118 Extinguishment of rights over land compulsorily acquired 119 Acquisition of land by agreement 120 Acquisition of land for purposes of exchange 121 Appropriation of land forming part of common etc. 122 Appropriation of land held for planning purposes 123 Disposal of land held for planning purposes 124 Development of land held for planning purposes 125 Special provisions as to features and buildings of architectural and historic interest 126 Management etc. of listed buildings acquired by local authority or Secretary of State 127 Power to override easements and other rights 128 Use and development of consecrated land and burial grounds 129 Use and development of land for open spaces 130 Displacement of persons from land acquired or appropriated 131 Constitution of joint body to hold land acquired for planning purposes 132 Modification of incorporated enactments for purposes of Part VI 133 Interpretation of Part VI 134 Scope of Part VII 135 Derivation of unexpended balance from claims under Part VI of Act of 1947 136 Original unexpended balance of established development value 137 Claim holdings, their areas and values 138 Adjustment of claim holdings 139 General provision for continuance of original unexpended balance 140 Reduction or extinguishment of balance in consequence of compensation 141 Reduction or extinguishment of balance on initiation of new development 142 Reduction or extinguishment of balance on acquisition of land under compulsory powers 143 Reduction or extinguishment of balance in consequence of severance or injurious affection 144 Supplementary provisions as to deductions from original balance 145 Provision of information relating to unexpended balance 146 General provision as to right to compensation 147 Planning decisions not ranking for compensation 148 No compensation if certain other development permitted 149 Further exclusions from compensation 150 Grant of planning permission treated as subject to notional condition 151 Notice under s.72 treated as planning decision 152 General provisions as to amount of compensation 153 Assessment of depreciation 154 General provisions as to claims for compensation 155 Effect on claims of direction under s.38 156 Determination of claims 157 Payment of compensation 158 Apportionment and registration of compensation 159 Recovery of compensation on subsequent development 160 Amount recoverable, and provisions for payment or remission thereof 161 Amount recovered not to be deducted from unexpended balance 162 Mortgages, rentcharges and settlements 163 Calculation of value 164 Compensation where planning permission revoked or modified 165 Application of s.164 to special cases of refusal or conditional grant of planning permission 166 Registration and apportionment of compensation for depreciation 167 Contribution by Secretary of State towards compensation in certain cases 168 Recovery, on subsequent development, of compensation under s.164 169 Compensation for planning decisions restricting development other than new development 170 Compensation in respect of orders under s.51 171 Compensation for refusal of consent to alteration, etc. of listed building 172 Compensation where listed building consent revoked or modified 173 Compensation for loss or damage caused by service of building preservation notice 174 Compensation in respect of tree preservation orders 175 Compensation in respect of requirement as to replanting of trees 176 Compensation for restrictions on advertising 177 Compensation for loss due to stop notice 178 General provisions as to compensation for depreciation under Part VIII 179 Determination of claims for compensation 180 Purchase notice on refusal or conditional grant of planning permission 181 Action by council on whom purchase notice is served 182 Procedure on reference of purchase notice to Secretary of State 183 Action by Secretary of State in relation to purchase notice 184 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission 185 Power to refuse to confirm purchase notice in respect of office premises 186 Effect of Secretary of State's action in relation to purchase notice 187 Special provisions as to compensation where purchase notice served 188 Purchase notice in respect of order revoking or modifying planning permission 189 Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works 190 Purchase notice on refusal or conditional grant of listed building consent 191 Purchase notices in other cases 192 Scope of these provisions 193 Power to serve blight notice 194 Objection to blight notice 195 Reference of objection to Lands Tribunal 196 Effect of valid blight notice 197 Compensation for compulsory purchase of historic buildings and of land in clearance areas 198 Withdrawal of blight notice 199 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire 200 Death of claimant after service of blight notice 201 Power of mortgagee to serve blight notice 202 Saving for claimant's right to sell whole hereditament, etc. 203 Meaning of "owner-occupier" and "resident owner-occupier" 204 Special provisions as to partnerships 205 "Appropriate authority" for purposes of these provisions 206 "Appropriate enactment"for purposes of these provisions 207 General interpretation of these provisions 208 No withdrawal of constructive notice to treat 209 Highways affected by development: orders by Secretary of State 210 Footpaths and bridleways affected by development: orders by local planning authorities, etc. 211 Highways crossing or entering route of proposed new highway, etc. 212 Order extinguishing right to use vehicles on highway 213 Provision of amenity for highway reserved to pedestrians 214 Extinguishment of public rights of way over land held for planning purposes 215 Procedure for making of orders by Secretary of State 216 Procedure in anticipation of planning permission, etc. 217 Confirmation of orders made by other authorities 218 Compulsory acquisition of land in connection with highways 219 Concurrent proceedings in connection with highways 220 Provisions as to telegraphic lines 221 Application of s.32 of Mineral Workings Act 1951 to orders under Part X 222 Meaning of "operational land" 223 Cases in which land is to be treated as not being operational land 224 Meaning of "the appropriate Minister" 225 Applications for planning permission by statutory undertakers 226 Development requiring authorisation of government department 227 Revocation or modification of permission to develop operational land 228 Order requiring discontinuance of use etc. of operational land 229 Acquisition of land of statutory undertakers 230 Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers 231 Orders under s.230 232 Notice for same purposes as s.230 but given by statutory undertakers to developing authority 233 Extension or modification of functions of statutory undertakers 234 Procedure in relation to orders under s.233 235 Relief of statutory undertakers from obligations rendered impracticable 236 Objections to orders under ss.233 and 235 237 Right to compensation in respect of certain decisions and orders 238 Measure of compensation to statutory undertakers 239 Exclusion of s.238 at option of statutory undertakers 240 Procedure for assessing compensation where s.238 applies 241 Special provisions as to display of advertisements on operational land 242 Validity of development plans and certain orders, decisions and directions 243 Validity of enforcement notices and similar notices 244 Proceedings for questioning validity of development plans and certain orders under Parts X and XI 245 Proceedings for questioning validity of other orders, decisions and directions 246 Appeals to High Court relating to enforcement notices and similar notices 247 Appeals to High Court against decisions under s.53 248 Special provisions as to decisions relating to statutory undertakers 249 Special provisions as to orders subject to special parliamentary procedure 250 Grants for development etc. 251 Maximum amount of grants under s.250 252 Supplementary provisions as to grants under s.250 253 Grants for research and education 254 Contributions by Ministers towards compensation paid by local authorities 255 Contributions by local authorities and statutory undertakers 256 Assistance for acquisition of property where objection made to blight notice in certain cases 257 Recovery from acquiring authorities of sums paid by way of compensation 258 Recovery from acquiring authorities of sums paid in respect of war-damaged land 259 Sums recoverable from acquiring authorities reckonable for purposes of grant 260 Expenses of government departments 261 Payments under s.59 of Act of 1947 and Parts I and V of Act of 1954 262 General provision as to receipts of Secretary of State 263 Expenses of county councils and Greater London Council 264 Power to modify Act in relation to minerals 265 Modification of Mines (Working Facilities and Support) Act 1966 266 Exercise of powers in relation to Crown land 267 Agreements relating to Crown land 268 Supplementary provisions as to Crown and Duchy interests 269 Application of Act to Isles of Scilly 270 Application to local planning authorities of provisions as to planning control and enforcement 271 Application to local planning authorities of provisions as to listed buildings 272 Special provisions as to statutory undertakers who are local planning authorities 273 National Coal Board 274 Ecclesiastical property 275 Settled land, and land of universities and colleges 276 Default powers of Secretary of State 277 Designation of conservation areas 278 Assumptions as to planning permission in determining value of interests in land 279 Recovery, on subsequent development, of payments in respect of war-damaged land 280 Rights of entry 281 Supplementary provisions as to rights of entry 282 Local inquiries 283 Service of notices 284 Power to require information as to interests in land 285 Offences by corporations 286 Combined applications 287 Regulations and orders 288 Licensing planning areas 289 Act not excluded by special enactments 290 Interpretation 291 Consequential amendments 292 Transitional provisions, savings and repeals 293 Saving for Interpretation Act 1889 s.38 294 Commencement 295 Short title and extent SCHEDULE 1 Joint Planning Boards SCHEDULE 2 Planning Committees and Joint Advisory Committees SCHEDULE 3 Local Planning Authorities in Greater London SCHEDULE 4 Development Plans: Greater London SCHEDULE 5 Development Plans: Provisions in Force until Superseded by Part II of this Act SCHEDULE 6 Development Plans: Modifications of this Act Pending Repeal of Schedule 5 SCHEDULE 7 Development Plans: Transition from Schedule 5 to Part II of this Act SCHEDULE 8 Development not Constituting New Development SCHEDULE 9 Determination of Certain Appeals by Person Appointed by Secretary of State SCHEDULE 10 Construction of References in Sections 48 and 49 to "the responsible minister or ministers" SCHEDULE 11 Control of Works for Demolition, Alteration or Extension of Listed Buildings SCHEDULE 12 Office Development in Metropolitan Region: Planning Permission Granted before Passing of Act of 1965 SCHEDULE 13 Office Development: Metropolitan Region Outside Greater London SCHEDULE 14 Provisions as to Established use Certificates SCHEDULE 15 Adjustment of Claim Holdings SCHEDULE 16 Calculation of Value of Previous Development of Land SCHEDULE 17 Apportionment of Unexpended Balance of Established Development Value SCHEDULE 18 Condition Treated as Applicable to Rebuilding and Alterations SCHEDULE 19 Proceedings on Listed Building Purchase Notice SCHEDULE 20 Procedure in connection with Orders relating to Footpaths and Bridleways SCHEDULE 21 Provisions of this Act referred to in Sections 263, 264, 269, 270, 271, 273 and 274 and Paragraphs 83 and 84 of Schedule 24 SCHEDULE 22 Enactments Exempted from Section 287(6) of this Act SCHEDULE 23 Consequential Amendments SCHEDULE 24 Transitional Provisions and Savings SCHEDULE 25 Repeals
What to do with it
As published
39 Provisions supplementary to s.38
(1) Before giving a direction under section 38 of this Act the Secretary of State shall give notice in writing of his proposed direction to the local planning authority to whose decision that direction relates, and to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision; and, if so required by the local planning authority or by any such person, shall afford to each of them an opportunity to appear before, and be heard by, a person appointed by the Secretary of State for the purpose.
(2) In giving any direction under section 38 of this Act, the Secretary of State shall have regard to the provisions of the development plan for the area in which the land in question is situated, in so far as those provisions are material to the development of that land, and shall also have regard to the local circumstances affecting the proposed development, including the use which prevails generally in the case of contiguous or adjacent land, and to any other material considerations.
(3) Where the Secretary of State gives a direction under section 38 of this Act, he shall give notice of the direction to the local planning authority to whose decision the direction relates, and to every person (if any) who made, and has not since withdrawn, a claim for compensation in respect of that decision.
Your wording
Your change, as a redline
39 Provisions supplementary to s.38
(1) Before giving a direction under section 38 of this Act the Secretary of State shall give notice in writing of his proposed direction to the local planning authority to whose decision that direction relates, and to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision; and, if so required by the local planning authority or by any such person, shall afford to each of them an opportunity to appear before, and be heard by, a person appointed by the Secretary of State for the purpose.
(2) In giving any direction under section 38 of this Act, the Secretary of State shall have regard to the provisions of the development plan for the area in which the land in question is situated, in so far as those provisions are material to the development of that land, and shall also have regard to the local circumstances affecting the proposed development, including the use which prevails generally in the case of contiguous or adjacent land, and to any other material considerations.
(3) Where the Secretary of State gives a direction under section 38 of this Act, he shall give notice of the direction to the local planning authority to whose decision the direction relates, and to every person (if any) who made, and has not since withdrawn, a claim for compensation in respect of that decision.
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.