55 Acts causing or likely to result in damage to listed buildings.
(1) Where a building, not being a building excluded by section 54(1) of this Act from the operation of section 53 of this Act, is included in a list compiled or approved under section 52 of this Act, then, if any person who, but for this section, would be entitled to do so, does or permits the doing of any act which causes or is likely to result in damage to the building (other than an act for the execution of excepted works) and he does or permits it with the intention of causing such damage, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) In subsection (1) of this section “excepted works” means works authorised by planning permission granted or deemed to be granted in pursuance of an application under this Act and works for which listed building consent has been given under this Act.
(3) Where a person convicted of an offence under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues.
56 Building preservation notice in respect of building not listed.
(1) If it appears to the. . . planning authority, in the case of a building in their district which is not a listed building, that it is of special architectural or historic interest and is in danger of demolition or of alteration in such a way as to affect its character as such, they may (subject to subsection (2) of this section) serve on the owner, lessee and occupier of the building a notice (in this section referred to as a “building preservation notice”)—
(a) stating that the building appears to them to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 52 of this Act; and
(b) explaining the effect of subsections (3) and (4) of this section.
(2) a building preservation notice shall not be served in respect of an excepted building, that is to say—
(a) an ecclesiastical building which is for the time being used for ecclesiastical purposes; or
(b) a building for the time being included in the Schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979.
For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.
(3) a building preservation notice shall come into force as soon as it has been served on the owner, lessee and occupier of the building to which it relates and shall remain in force for six months from the date when it is served or, as the case may be, last served; but it shall cease to be in force if, before the expiration of that period, the Secretary of State either includes the building in a list compiled or approved under section 52 of this Act or notifies the. . . planning authority in writing that he does not intend to do so.
(4) While a building preservation notice is in force with respect to a building, the provisions of this Act (other than section 55) shall have effect in relation to it as if the building were a listed building; and if the notice ceases to be in force (otherwise than by reason of the building being included in a list compiled or approved under the said section 52), the provisions of Part III of Schedule 10 to this Act shall have effect with respect to things done or occurring under the notice or with reference to the building being treated as listed.
(5) If, following the service of a building preservation notice, the Secretary of State notifies the. . . planning authority that he does not propose to include the building in a list compiled or approved under section 52 of this Act, the authority—
(a) shall forthwith give notice of the Secretary of State’s decision to the owner, lessee and occupier of the building; and
(b) shall not, within the period of twelve months beginning with the date of the Secretary of State’s notification, serve another such notice in respect of the said building.
(6) If it appears to the. . . planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner, lessee and occupier of the building to which it relates, affix the notice conspicuously to some object on the building; and this shall be treated for all the purposes of this section and of Schedule 10 to this Act as service of the said notice, in relation to which subsection (1)(b) of this section shall be taken to include a reference to this subsection.
56AA Power to restrict exemption of certain ecclesiastical buildings.
(1) The Secretary of State may by order provide for restricting or excluding in such cases as may be specified in the order the operation in relation to ecclesiastical buildings of sections 54(1) and 56(2) of this Act (buildings excepted from provisions relating to listed buildings and building preservation notices).
(2) An order under this section may—
(a) make provision for buildings generally, for descriptions of building or for particular buildings;
(b) make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building;
(c) make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 52(7) of this Act) as may be made in relation to a building and make different provision for different parts of the same building;
(d) make different provision with respect to works of different descriptions or according to the extent of the works;
(e) make such consequential adaptations or modifications of the operation of any other provision of this Act, or of any instrument made under this Act, as appear to the Secretary of State to be appropriate.
(3) This section is without prejudice to the Church of Scotland Act 1921.
(1) Subject to subsection (2) of this section . . . , it shall be the duty of the planning authority to control hazardous substances in accordance with the provisions of this Act.
(2) An urban development corporation shall control hazardous substances in their area if they are the planning authority in relation to all kinds of development.
(1) Subject to the provisions of this Part of this Act, the presence of a hazardous substance on, over or under land requires the consent of the planning authority (in this Act referred to as “hazardous substances consent”) unless the aggregate quantity of the substance—
(a) on, under or over the land;
(b) on, under or over other land which is within 500 metres of it and controlled by the same person; or
(c) in or on a structure controlled by the same person any part of which is within 500 metres of it,
is less than the controlled quantity.
(2) The temporary presence of a hazardous substance while it is being transported from one place to another is not to be taken into account unless it is unloaded.
(3) The Secretary of State—
(a) shall by regulations specify—
(i) the substances that are hazardous substances for the purposes of this Act;
(ii) the quantity which is to be the controlled quantity of any such substance;
(b) may by regulations provide that hazardous substances consent is not required or is only required—
(i) in relation to land of prescribed descriptions;
(ii) by reason of the presence of hazardous substances in prescribed circumstances;
(c) may by regulations provide that, except in such circumstances as may be prescribed, all hazardous substances falling within a group specified in the regulations are to be treated as a single substance for the purposes of this Act.
(4) Regulations which—
(a) are made by virtue of sub-paragraph (i) of subsection (3)(a) above; or
(b) are made by virtue of sub-paragraph (ii) of that paragraph and reduce the controlled quantity of a substance,
may make such transitional provision as appears to the Secretary of State to be appropriate.
(5) The power to make such transitional provision includes, without prejudice to its generality, power to apply section 38 of the Housing and Planning Act 1986 subject to such modifications as appear to the Secretary of State to be appropriate.
(6) Regulations under this section may make different provision for different cases or descriptions of cases.
(7) Bodies corporate which are inter-connected for the purposes of the Fair Trading Act 1973 are to be treated as being one person for the purposes of this section and sections 56D to 56L and 97B below.
56D Applications for hazardous substances consent.
(1) Provision may be made by regulations with respect to—
(a) the form and manner in which applications under this Act for hazardous substances consent are to be made;
(b) the particulars which they are to contain and the evidence by which they are to be verified;
(c) the manner in which they are to be advertised; and
(d) the time within which they are to be dealt with.
(2) Regulations may provide that an application for hazardous substances consent, or an appeal against the refusal of such an application or against the imposition of a condition on such a consent, shall not be entertained unless it is accompanied by a certificate in the prescribed form and corresponding to one or other of those described in section 24(1)(a) to (d) of this Act and any such regulations may—
(a) include requirements corresponding to those mentioned in sections 23(1), 24(2) and (4) and 26(3), of this Act; and
(b) make provision as to who is to be treated as the owner of land for the purposes of any provision of the regulations.
(3) If any person issues a certificate which purports to comply with the requirements of regulations made by virtue of subsection (2) above and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) Regulations—
(a) may require an applicant for hazardous substances consent or the planning authority or both to give publicity to an application for hazardous substances consent in such manner as may be prescribed;
(b) may require the planning authority to conduct appropriate consultations before determining applications for hazardous substances consent;
(c) may provide for the manner in which such a consultation is to be carried out and the time within which—
(i) such a consultation;
(ii) any stage in such a consultation,
is to be completed;
(d) may require the planning authority to determine applications for hazardous substances consent within such time as may be prescribed;
(e) may require the planning authority to give prescribed persons or bodies prescribed information about applications forhazardous substances consent including information as to the manner in which such applications have been dealt with.
(5) In subsection (4) above “appropriate consultations” means consultations with the Health and Safety Executive and with such persons or bodies as may be prescribed
(6) Regulations under this section may make different provision for different cases or descriptions of cases.
(1) The Secretary of State may by regulations makeprovision for fees of the prescribed amount in respect of applications for, or for the continuation of, hazardous substances consent—
(a) made to an urban development corporation under section 56A(2) above to be paid to the corporation;
(b) referred to him under section 32 above as having effect by virtue of section 56F below to be paid to him;
(c) deemed to have been made to him under section 85(7) below by virtue of regulations made under section 97B(10) below to be paid to him.
(2) Regulations made under this section may provide for—
(a) the transfer to the Secretary of State of any fee received by a planning authority in respect of an application referred to in paragraph (b) or (c) of subsection (1) above;
(b) the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances or in pursuance of a direction given by him;
and the regulations may make different provision for different areas or for different cases or descriptions of cases.
56E Determination of applications for hazardous substances consent.
(1) Subject to the following provisions of this Act, where an application is made to a planning authority for hazardous substances consent, that authority, in dealing with the application, shall have regard to any material considerations, and—
(a) may grant hazardous substances consent, either unconditionally or subject to such conditions as they think fit; or
(b) may refuse hazardous substances consent.
(2) Without prejudice to the generality of subsection (1) above, in dealing with an application the authority shall have regard—
(a) to any current or contemplated use of the land to which the application relates;
(b) to the way in which land in the vicinity is being used or is likely to be used;
(c) to any planning permission that has been granted for development of land in the vicinity;
(d) to the provisions of the development plan; and
(e) to any advice which the Health and Safety Executive . . . have given following consultations in pursuance of regulations under section 56D(4) above.
(3) If an application relates to more than one hazardous substance, the authority may make different determinations in relation to each.
(4) It shall be the duty of a planning authority, when granting hazardous substances consent, to include in that consent—
(a) a description of the land to which the consent relates;
(b) a description of the hazardous substance or substances to which it relates; and
(c) in respect of each hazardous substance to which it relates, a statement of the maximum amount permitted by the consent to be present at any one time and of all conditions relating to that substance subject to which the consent is granted.
(5) Without prejudice to the generality of subsection (1) above, a planning authority may grant hazardous substances consent subject to conditions with respect to any of the following—
(a) how and where any hazardous substance to which the consent relates is to be kept or used;
(b) times between which any such substance may be present;
(c) the permanent removal of any such substance—
(i) on or before a date specified in the consent; or
(ii) before the end of a period specified in it and commencing on the date on which it is granted;
(d) the consent being conditional on the commencement or partial or complete execution of development on the land which is authorised by a specified planning permission,
but they may only grant consent subject to conditions as to how a hazardous substance is to be kept or used if the conditions are conditions to which the Health and Safety Executive have advised the authority that any consent they might grant should be subject.
56F References to regional planning authority and Secretary of State and appeals.
(1) Subject to subsections (2) . . . below, sections 32 to 34 of this Act . . . shall have effect in relation to applications for hazardous substances consent and to decisions on such applications as though they were applications for planning permission.
(2) In the application of sections 32 to 34 of this Act to hazardous substances consent—
(a) section 32(4) and section 33(5) and (7) shall be omitted;
(b) the words “and in such manner as may be prescribed” shall be substituted for the words in section 33(2) following “time”;
(c) in section 34, the words “by the development order” shall be omitted from both places where they occur.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56G Deemed hazardous substances consent by virtue of authorisation of government department.
(1) Where—
(a) the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority; and
(b) the development would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent,
the department may, on granting that authorisation, also direct that hazardous substances consent for that development shall be deemed to be granted subject to such conditions (if any) as may be specified in the directions.
(2) The department shall consult the Health and Safety Commission before issuing any such directions.
(3) The provisions of this Act (except Part XII) shall apply in relation to any hazardous substances consent deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 32 of this Act, as applied by section 56F of this Act.
(4) The reference in subsection (1) above to the authorisation of a government department is to be construed in accordance with section 37(3) of this Act,
(5) A government department or the Secretary of State shall, as respects any hazardous substances consent deemed to be granted by virtue of directions under this section, send to the planning authority concerned any such information as appears to be required by them for the purposes of a register under section 56N.
56H Grants of hazardous substances consent without compliance with conditions previously attached.
(1) This section applies to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted or is deemed to have been granted.
(2) On such an application the planning authority shall consider only the question of the conditions subject to which hazardous substances consent should be granted, and—
(a) if they determine that hazardous substances consent should be granted subject to conditions differing from those subject to which the previous consent was granted, or that it should be granted unconditionally, they shall grant hazardous substances consent accordingly; and
(b) if they determine that hazardous substances consent should be granted subject to the same conditions as those subject to which the previous consent was granted, they shall refuse the application.
(3) Where—
(a) hazardous substances consent has been granted or is deemed to have been granted for the presence on, over or under land of more than one hazardous substance; and
(b) an application under this section does not relate to all the substances,
the planning authority shall only have regard to any condition relating to a substance to which the application does not relate to the extent that it has implications for a substance to which the application does relate.
(4) Where—
(a) more than one hazardous substances consent has been granted or is deemed to have been granted in respect of the same land; and
(b) an application under this section does not relate to all the consents,
the planning authority shall only have regard to any consent to which the application does not relate to the extent that it has implications for a consent to which the application does relate.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56J Power to revoke or modify hazardous substance consent.
(1) If it appears to the planning authority that—
(a) there has been a material change of use of land to which a hazardous substances consent relates; or
(b) planning permission has been granted for development the carrying out of which would involve a material change of use of such land and the development to which the permission relates has been commenced,
they may by order—
(i) if the consent relates only to one substance, revoke it;
(ii) if it relates to more than one, revoke it or revoke it so far as it relates to a specified substance.
(2) The planning authority may by order—
(a) revoke a hazardous substances consent which relates to only one substance if it appears to them that that substance has not for at least 5 years been present on, under or over the land to which the consent relates in a quantity equal to or exceeding the controlled quantity; and
(b) revoke a hazardous substances consent which relates to a number of substances if it appears to them that none of those substances has for at least 5 years been so present.
(3) The planning authority may by order revoke a hazardous substances consent or modify it to such extent as they consider expedient if it appears to them, having regard to any material consideration, that it is expedient to revoke or modify it.
(4) An order under this section shall specify the grounds on which it is being made.
(5) An order under this section, . . . , shall not take effect unless it is confirmed by the Secretary of State, and the Secretary of State may confirm any such order submitted to him either without modification or subject to such modification as he considers expedient.
(6) Where a planning authority submit an order under this section to the Secretary of State for his confirmation under this section, the authority shall serve notice of the order on—
(a) any person who is an owner, occupier or lessee of the whole or any part of the land to which the order relates; and
(b) any other person who in their opinion will be affected by the order;
and if within the period specified in that behalf in the notice (not being less than 28 days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.
(7) Where an order under this section has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice under subsection (6) of this section.
(8) Section 159 of this Act shall have effect where a hazardous substances consent is revoked or modified by an order made in the exercise of the power conferred by subsection (3) of this section as it has effect where an order is made under section 49 of this Act.
56K Provisions as to effect of hazardous substances consent and change of control of land.
(1) Without prejudice to the provisions of this Part of this Act, any hazardous substances consent shall (except in so far as it otherwise provides) enure for the benefit of the land to which it relates and of all persons for the time being interested in the land.
(2) A hazardous substances consent is revoked if there is a change in the person in control of part of the land to which it relates unless an application for the continuation of the consent has previously been made to the planning authority.
(3) Regulations may make provision in relation to applications under subsection (2) above corresponding to any provision that may be made by regulations under section 56D of this Act in relation to applications for hazardous substances consent.
(4) When such application is made, the authority, having regard to any material consideration—
(a) may modify the consent in any way they consider appropriate; or
(b) may revoke it.
(5) Without prejudice to the generality of subsection (4) above, in dealing with an application the authority shall have regard—
(a) to the matters to which a planning authority are required to have regard by section 56E(2)(a) to (d) above; and
(b) to any advice which the Health and Safety Executive . . . have given following consultations in pursuance of regulations under subsection (3) above.
(6) If an application relates to more than one consent, the authority may make different determinations in relation to each.
(7) If a consent relates to more than one hazardous substance, the authority may make different determinations in relation to each.
(8) It shall be the duty of a planning authority, when continuing hazardous substances consent, to attach to the consent one of the following—
(a) a statement that is unchanged in relation to the matters included in it by virtue of section 56E(4) above;
(b) a statement of any change in respect of those matters.
(9) The modifications which a planning authority may make by virtue of subsection (4)(a) above include, without prejudice to the generality of that paragraph, the making of the consent subject to conditions with respect to any of the matters mentioned in section 56E(5) above.
(10) Subject to subsection (11) below, sections 32 to 34 of this Act . . . shall have effect in relation to applications under subsection (2) above and to decisions on such applications as though they were applications for planning permission.
(11) In the application of sections 32 to 34 of this Act by virtue of subsection (10) above—
(a) section 32(4) and section 33(5) and (7) shall be omitted;
(b) the words “and in such manner as may be prescribed” shall be substituted for the words in section 33(2) following “time”;
(c) in section 34—
(i) the words “by the development order” shall be omitted from the first place where they occur; and
(ii) the words “the application shall be deemed to have been granted” shall be substituted for the words following paragraph (b).
(12) Where the authority modify or revoke the consent, they shall pay to the person in control of the whole of the land before the change compensation in respect of any loss or damage sustained by him and directly attributable to the modification or revocation.
(1) Subject to this Part of this Act, if there is a contravention of hazardous substances control, the appropriate person shall be guilty of an offence.
(2) There is a contravention of hazardous substances control—
(a) if a quantity of a hazardous substance equal to or exceeding the controlled quantity is or has been present on, under or over land and either—
(i) there is no hazardous substances consent for the presence of the substance; or
(ii) there is hazardous substances consent for its presence but the quantity present exceeds the maximum quantity permitted by the consent;
(b) if there is or has been a failure to comply with a condition subject to which a hazardous substances consent was granted.
(3) In subsection (1) above
“the appropriate person” means—
(a) in relation to a contravention falling within paragraph (a) of subsection (2) above—
(i) any person knowingly causing the substance to be present on, over or under the land;
(ii) any person allowing it to be so present; and
(b) in relation to a contravention falling within paragraph (a) or (b) of that subsection, the occupier of the land.
(4) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £20,0; or
(b) on conviction on indictment, to a fine,
(4A) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(5) In any proceedings for an offence under this section it shall be a defence for the accused to prove—
(a) that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence; or
(b) that commission of the offence could be avoided only by the taking of action amounting to a breach of a statutory duty.
(6) In any proceedings for an offence consisting of a contravention falling within subsection (2)(a) above, it shall be a defence for the accused to prove that at the time of the alleged commission of the offence he did not know, and had no reason to believe—
(a) if the case falls within paragraph (a)(i)
(i) that the substance was present; or
(ii) that it was present in a quantity equal to or exceeding the controlled quantity;
(b) if the case falls within paragraph (a)(ii), that the substance was present in a quantity exceeding the maximum quantity permitted by the consent.
(7) In any proceedings for an offence consisting of a contravention falling within subsection (2)(b) above, it shall be a defence for the accused to prove that he did not know, and had no reason to believe, that he was failing to comply with a condition subject to which hazardous substances consent had been granted.
(1) If it appears to the Secretary of State—
(a) either—
(i) that the community or part of it is being or is likely to be deprived of an essential service or commodity; or
(ii) that there is or is likely to be a shortage of such a service or commodity affecting the community or part of it; and
(b) that the presence of a hazardous substance on, over or under land specified in the direction in circumstances such that hazardous substances consent would be required, is necessary for the effective provision of that service or commodity,
he may direct that, subject to such conditions or exceptions as he thinks fit, the presence of the substance on, over or under the land is not to constitute a contravention of hazardous substances control so long as the direction remains in force.
(2) A direction under this section—
(a) may be withdrawn at any time;
(b) shall in any case cease to have effect at the end of the period of three months beginning with the day on which it was given, but without prejudice to the Secretary of State’s power to give a further direction.
(3) . . . The Secretary of State shall send a copy of any such direction to the planning authority in relation to the land.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Every planning authority shall keep, in such manner as may be prescribed, a register containing such information as may be so prescribed with respect—
(a) to applications for hazardous substances consent made to that authority;
(aa) to applications under section 56K(2) above made to that authority;
(b) to hazardous substances consent deemed to be granted under section 38 of the Housing and Planning Act 1986 with respect to land in relation to which that authority is . . . the planning authority;
(c) to revocations or modifications of hazardous substances consent granted with respect to such land; and
(d) to directions under section 56M above sent to the authority by the Secretary of State, , and every such register shall also contain such information as may be prescribed as to the manner in which applications for hazardous substances consent have been dealt with.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Every register kept under this section shall be available for inspection by the public at all reasonable hours.
(1) Nothing in—
(a) any hazardous substances consent granted or deemed to be granted under—
(i) the preceding provisions of this Act; or
(ii) section 38 of the Housing and Planning Act 1986; or
(b) any hazardous substances contravention notice issued under section 97B of this Act,
shall require or allow anything to be done in contravention of any of the relevant statutory provisions or any prohibition notice or improvement notice served under or by virtue of any of those provisions; and to the extent that such a consent or notice purports to require or allow any such thing to be done, it shall be void.
(2) Where it appears to a planning authority who have granted or are deemed to have granted a hazardous substances consent or who have issued a hazardous substances contravention notice that the consent or notice or part of it is rendered void by subsection (1) above, the authority shall, as soon as is reasonably practicable, consult the Health and Safety Executive with regard to the matter.
(3) If the Health and Safety Executive advise the authority that the consent or notice is rendered wholly void, the authority shall revoke it.
(4) If they advise that part of the consent or notice is rendered void, the authority shall so modify it as to render it wholly operative.
(5) In this section— . . .
“relevant statutory provisions”,
“improvement notice” and
“prohibition notice” have the same meanings as in Part I of the Health and Safety at Work etc. Act 1974.
57 Planning permission to include appropriate provision for preservation and planting of trees.
It shall be the duty of the. . . planning authority—
(a) to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees; and
(b) to make such orders under section 58 of this Act as appear to the authority to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwise.
(1) If it appears to a. . . planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their district, they may for that purpose make an order (in this Act referred to as a “tree preservation order”) with respect to such trees, groups of trees or woodlands as may be specified in the order; and, in particular, provision may be made by any such order—
(a) for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping; uprooting, wilful damage or wilful destruction of trees except with the consent of the. . . planning authority, and for enabling that authority to give their consent subject to conditions;
(b) for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the order;
(c) for applying, in relation to any consent under the order, and to applications for such consent, any of the provisions of this Act falling within subsection (2) of this section, subject to such adaptations and modifications as may be specified in the order.
(2) References in this Act to provisions thereof falling within this subsection are references to—
(a) the provisions of Part III of this Act relating to planning permission and to applications for planning permission, except sections 22, 23, 24, 25, 26(2) to (6), 31(3), . . . 38 to 41 and 44 to 47 of this Act; and
(b) such of the provisions of Part IX of this Act as are therein stated to be provisions falling within this subsection;
(c) section 256 of this Act.
(3) a tree preservation order may be made so as to apply, in relation to trees to be planted pursuant to any such conditions as are mentioned in section 57(a) of this Act, as from the time when those trees are planted.
(4) Subject to section 59 of this Act and section 2 of the Town and Country Planning Act 1984 (tree preservation orders in anticipation of disposal of Crown land), a tree preservation order shall not take effect until it is confirmed by the planning authority; and the planning authority may confirm any such order either without modification or subject to such modification as they consider expedient. As soon as may be after a tree preservation order is so confirmed, it shall be recorded in the appropriate Register of Sasines by the. . . planning authority.
(5) Provision may be made by regulations under this Act with respect to the form of tree preservation orders, and the procedure to be followed in connection with the submission and confirmation of such orders; and the regulations may (without prejudice to the generality of this subsection) make provision as follows—
(a) that, before a tree preservation order is confirmed by the planning authority, notice of the making of the order shall be given to the owners, lessees and occupiers of land affected by the order and to such other persons, if any, as may be specified in the regulations;
(b) that objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered before the order is confirmed by the planning authority;
(c) . . .
(d) that copies of the order, when confirmed by. . . the authority, shall be served on such persons as may be specified in the regulations.
(6) Without prejudice to any other exemptions for which provision may be made by a tree preservation order, nothing in a tree preservation order shall prohibit the uprooting, felling or lopping of any tree if such uprooting, felling or lopping is urgently necessary in the interests of safety, or is necessary for the prevention or abatement of a nuisance, so long as notice in writing of the proposed operations is given to the. . . planning authority as soon as may be after the necessity for the operations arises, or if such uprooting, felling or lopping is carried out in compliance with any obligation imposed by or under any Act of Parliament.
(7) In relation to land in respect of which the Forestry Commissioners have made advances under section 4 of the Forestry Act 1967 or in respect of which there is in force a forestry dedication agreement entered into with the Commissioners under section 5 of that Act, a tree preservation order may be made only if—
(a) there is not in force in respect of the land a plan of operations or other working plan approved by the Commissioners under such an agreement; and
(b) the Commissioners consent to the making of the order.
(8) Where a tree preservation order is made in respect of land to which subsection (7) of this section applies, the order shall not have effect so as to prohibit, or to require any consent for, the cutting down of a tree in accordance with a plan of operations or other working plan approved by the Forestry Commissioners, and for the time being in force, under such an agreement as is mentioned in that subsection or under a woodlands scheme made under the powers contained in the said Act of 1967.
(9) In the preceding provisions of this section references to provisions of the Forestry Act 1967 include references to the corresponding provisions (replaced by that Act) in the Forestry Acts 1919 to 1951.
(10) The preceding provisions of this section shall have effect subject to the provisions—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) of section 15 of the Forestry Act 1967 (licences under that Act to fell trees comprised in a tree preservation order).
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If it appears to a. . . planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation, they may include in the order as made by them a direction that this section shall apply to the order.
(2) Notwithstanding section 58(4) of this Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein and shall continue in force by virtue of this section until—
(a) the expiration of a period of six months beginning with the date on which the order was made; or
(b) the date on which the order is confirmed. . . ,
whichever first occurs.
(3) Provision shall be made by regulations under this Act for securing—
(a) that the notices to be given of the making of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction. . . .
(b) . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to the provisions of this section, any person who, in relation to a tree to which this section applies, does any act which might by virtue of section 58(1)(a) above be prohibited by a tree preservation order shall be guilty of an offence.
(2) Subject to the provisions of this section, this section applies to any tree in a conservation area but in respect of which no tree preservation order is for the time being in force.
(3) It shall be a defence for a person charged with an offence under subsection (1) above to prove—
(a) that he served notice of his intention to do the act in question, with sufficient particulars to identify the tree, on the planning authority in whose district the tree is or was situated; and
(b) that he did the act in question—
(i) with the consent of the said planning authority, or
(ii) after the expiry of the period of six weeks from the date of the notice but before the expiry of the period of two years from that date.
(4) The Secretary of State may by regulations direct that this section shall not apply in such cases as may be specified in the regulations.
(5) Without prejudice to the generality of subsection (4) above, the regulations may be framed so as to exempt from the application of this section cases defined by reference to all or any of the following matters, namely—
(a) acts of such descriptions or done in such circumstances or subject to such conditions as may be specified in the regulations;
(b) trees in such conservation areas as may be so specified;
(c) trees of a size or species so specified; or
(d) trees belonging to persons or bodies of a description so specified;
and the regulations may, in relation to any matter by reference to which an exemption is conferred by them, make different provision for different circumstances.
(6) Regulations under subsection (4) above may in particular, but without prejudice to the generality of that subsection, exempt from the application of this section cases exempted from the application of section 58 above by subsection (6) of that section.
(7) It shall be the duty of every planning authority to compile and keep available for public inspection free of charge at all reasonable hours and at a convenient place a list, containing such particulars as the Secretary of State may determine of notices under this section affecting trees in their district.
(8) If any tree to which this section applies is removed, uprooted or destroyed in contravention of this section or is removed, uprooted or destroyed or dies at a time when its uprooting or felling is authorised only by virtue of the provisions of such regulations under subsection (4) above as are mentioned in subsection (6) above, it shall be the duty of the owner of the land, unless on his application the planning authority dispense with this requirement, to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.
(9) The duty imposed by subsection (8) above on the owner of any land shall attach to the person who is from time to time the owner of he land and may be enforced as provided by section 99 of this Act and not otherwise.
(1) If any tree in respect of which a tree preservation order is for the time being in force,. . . , is removed, uprooted or destroyed in contravention of the order or , except in the case of a tree to which the order applies as part of a woodland, is removed, uprooted or destroyed or dies at a time when its uprooting or felling is authorised only by virtue of the provisions of section 58(6) of this Act relating to uprooting or felling where urgently necessary in the interests of safety, it shall be the duty of the owner of the land, unless on his application the. . . planning authority dispense with this requirement, to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.
(1A) In respect of trees in a woodland it shall be sufficient for the purposes of this section to replace the trees removed, uprooted or destroyed by planting the same number of trees either on or near the land on which the trees removed, uprooted or destroyed stood or on such other land as may be agreed between the planning authority and the owner of the land, and (in either case) in such places as may be designated by the planning authority.
(2) In relation to any tree planted pursuant to this section, the relevant tree preservation order shall apply as it applied to the original tree.
(3) The duty imposed by subsection (1) of this section on the owner of any land shall attach to the person who is from time to time the owner of the land and may be enforced as provided by section 99 of this Act and not otherwise.
(1) Subject to the provisions of this section, provision shall be made by regulations under this Act for restricting or regulating the display of advertisements so far as appears to the Secretary of State to be expedient in the interests of amenity or public safety.
(2) Without prejudice to the generality of subsection (1) of this section, any such regulations may provide—
(a) for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which advertisements may be displayed, and the manner in which they are to be affixed to the land;
(b) for requiring the consent of the. . . planning authority to be obtained for the display of advertisements, or of advertisements of any class specified in the regulations;
(c) for applying, in relation to any such consent and to applications for such consent, any of the provisions of this Act falling within section 58(2) thereof, subject to such adaptations and modifications as may be specified in the regulations;
(d) for the constitution, for the purposes of the regulations, of such advisory committees as may be prescribed, by the regulations, and for determining the manner in which the expenses of any such committee are to be defrayed.
(3) Regulations made for the purposes of this section may make different provision with respect to different areas, and in particular may make special provision—
(a) with respect to conservation areas; and
(b) with respect to areas defined for the purposes of the regulations as areas of special control, being either rural areas or areas other than rural areas which appear to the Secretary of State to require special protection on grounds of amenity;
and, without prejudice to the generality of this subsection, the regulations may prohibit the display in an area of special control of all advertisements except advertisements of such classes (if any) as may be prescribed.
(4) Areas of special control for the purposes of regulations under this section may be defined by means of orders made or approved by the Secretary of State in accordance with the provisions of the regulations.
(5) Where the Secretary of State is authorised by the regulations to make or approve any such order as is mentioned in subsection (4) of this section, the regulations shall provide for the publication of notice of the proposed order in such manner as may be prescribed by the regulations, for the consideration of objections duly made thereto, and for the holding of such inquiries or other hearings as may be so prescribed, before the order is made or approved.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Nothing in this section or in any regulations made thereunder shall be construed as authorising the restriction or regulation of the display of any advertisement by reason only of the subject matter or wording thereof.
62 Application for planning permission not needed for advertisements complying with regulations.
Where the display of advertisements in accordance with regulations made under section 61 of this Act involves development of land, planning permission for that development shall be deemed to be granted by virtue of this section, and no application shall be necessary in that behalf under Part III of this Act.
(1) If it appears to a planning authority that the amenity of any part of their district, or an adjoining district, is adversely affected by the condition of any land in their district, they may serve on the owner, lessee and occupier of the land a notice under this section requiring such steps for abating the adverse effect as may be specified in the notice to be taken within such period as may be so specified.
(1A) Service under subsection (1) above shall be effected by the service of a copy of the notice. . .
(1B) Subject to section 63A of this Act, a notice under this section shall take effect on such date as may be specified in the notice, being a date not less than 28 days after the latest service thereof under subsection (1) above.
(1C) The planning authority may withdraw a notice under this section (without prejudice to their power to serve another) at any time before it takes effect; and if they so withdraw it, they shall forthwith give notice of the withdrawal to every person on whom the notice was served.
(2) No notice may be served under subsection (1) of this section with reference to any building which is—
(a) a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments, or
(b) a building for the time being included in a list of monuments published by the Secretary of State under any such enactment as aforesaid.
(3) The provisions of section 88 of this Act shall, subject to any necessary modifications, apply in respect of a notice served under this section as they apply in respect of an enforcement notice served under section 84 of this Act.
(1) A person on whom a notice under section 63 of this Act is served, or any other person having an interest in the land to which the notice relates, may at any time before the date specified in the notice as the date on which it is to take effect appeal to the Secretary of State against the notice, on any of the following grounds—
(a) that neither the amenity of any part of the planning authority’s district nor that of any adjoining district has been adversely affected;
(b) that the steps required by the notice to be taken exceed what is necessary to remedy any such adverse effect;
(c) that the specified period for compliance with the notice falls short of what should reasonably be allowed;
(d) that the condition of the land is attributable to, and such as results in the ordinary course of events from, a continuing lawful use of the land or from continuing lawful operations carried out thereon; or
(e) that the notice was served other than in accordance with section 63 of this Act.
(2) An appeal under this section shall be made by notice in writing to the Secretary of State.
(3) The provisions of subsections (2A) to (2D) of section 85 of this Act shall apply to appeals under this section as they apply to appeals under that section.
(4) On an appeal under this section the Secretary of State—
(a) may correct any informality, defect or technical error in the notice if he is satisfied that it is not material; and
(b) may disregard the failure of the planning authority to serve the notice upon a person upon whom it should have been served, if it appears to him that neither that person nor the appellant has been substantially prejudiced by that failure.
(5) Where an appeal is brought under this section, the notice under section 63 of this Act shall be of no effect pending the final determination, or the withdrawal, of the appeal.
(6) In determining an appeal under this section the Secretary of State shall give such directions as seem to him appropriate; and these may include directions for quashing the notice or for varying its terms in favour of the appellant.
(7) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.
83A Expressions used in connection with enforcement.
(1) For the purposes of this Act—
(a) carrying out development without the required planning permission; or
(b) failing to comply with any condition or limitation subject to which planning permission has been granted,
constitutes a breach of planning control.
(2) For the purposes of this Act—
(a) the issue of an enforcement notice (defined in section 84 of this Act); or
(b) the service of a breach of condition notice (defined in section 87AA of this Act),
constitutes taking enforcement action.
(3) In this Part of this Act “planning permission” includes planning permission under Part III of the Town and Country Planning (Scotland) Act 1947.
(1) Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.
(2) Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.
(3) In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.
(4) The preceding subsections do not prevent—
(a) the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect; or
(b) taking further enforcement action in respect of any breach of planning control if, during the period of four years ending with that action being taken, the planning authority have taken or purported to take enforcement action in respect of that breach.
83C Power to require information about activities on land.
(1) Where it appears to the planning authority that there may have been a breach of planning control in respect of any land, they may serve notice to that effect (referred to in this Act as a “planning contravention notice”) on any person who—
(a) is the owner or occupier of the land or has any other interest in it; or
(b) is carrying out operations on the land or is using it for any purpose.
(2) A planning contravention notice may require the person on whom it is served to give such information as to—
(a) any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and
(b) any matter relating to the conditions or limitations subject to which any planning permission in respect of the land has been granted,
as may be specified in the notice.
(3) Without prejudice to the generality of subsection (2) of this section, the notice may require the person on whom it is served, so far as he is able—
(a) to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land;
(b) to state when any use, operations or activities began;
(c) to give the name and address of any person known to him to use or have used the land for any purpose or to be carrying out, or have carried out, any operations or activities on the land;
(d) to give any information he holds as to any planning permission for any use or operations or any reason for planning permission not being required for any use or operation;
(e) to state the nature of his interest (if any) in the land and the name and address of any other person known to him to have an interest in the land.
(4) A planning contravention notice may give notice of a time and place at which—
(a) any offer which the person on whom the notice is served may wish to make to apply for planning permission, to refrain from carrying out any operations or activities or to undertake remedial works; and
(b) any representations which he may wish to make about the notice,
will be considered by the authority, and the authority shall give him an opportunity to make in person any such offer or representations at that time and place.
(5) A planning contravention notice must inform the person on whom it is served—
(a) of the likely consequences of his failing to respond to the notice and, in particular, that enforcement action may be taken; and
(b) of the effect of section 166(6) of this Act.
(6) Any requirement of a planning contravention notice shall be complied with by giving information in writing to the planning authority.
(7) The service of a planning contravention notice does not affect any other power exercisable in respect of any breach of planning control.
(8) In this section references to operations or activities on land include operations or activities in, under or over the land.
83D Penalties for non-compliance with planning contravention notice.
(1) If at any time after the end of the period of twenty-one days beginning with the day on which a planning contravention notice has been served on any person, he has not complied with any requirement of the notice, he shall be guilty of an offence.
(2) An offence under subsection (1) of this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.
(3) It shall be a defence for a person charged with an offence under subsection (1) of this section to prove that he had a reasonable excuse for failing to comply with the requirement.
(4) A person guilty of an offence under subsection (1) of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) If any person—
(a) makes any statement purporting to comply with a requirement of a planning contravention notice which he knows to be false or misleading in a material particular; or
(b) recklessly makes such a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
(6) A person guilty of an offence under subsection (5) of this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) The planning authority may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to them—
(a) that there has been a breach of planning control; and
(b) that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.
(2) A copy of an enforcement notice shall be served—
(a) on the owner and on the occupier of the land to which it relates; and
(b) on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice.
(3) The service of the notice shall take place—
(a) not more than twenty-eight days after its date of issue; and
(b) not less than twenty-eight days before the date specified in it as the date on which it is to take effect.
(1) An enforcement notice shall state—
(a) the matters which appear to the planning authority to constitute the breach of planning control; and
(b) the paragraph of section 83A(1) of this Act within which, in the opinion of the authority, the breach falls.
(2) A notice complies with subsection (1)(a) of this section if it enables any person on whom a copy of it is served to know what those matters are.
(3) An enforcement notice shall specify the steps which the authority require to be taken, or the activities which the authority require to cease, in order to achieve, wholly or partly, any of the following purposes.
(4) Those purposes are—
(a) remedying the breach by making any development comply with the terms (including conditions and limitations) of any planning permission which has been granted in respect of the land by discontinuing any use of the land or by restoring the land to its condition before the breach took place; or
(b) remedying any injury to amenity which has been caused by the breach.
(5) An enforcement notice may, for example, require—
(a) the alteration or removal of any buildings or works;
(b) the carrying out of any building or other operations;
(c) any activity on the land not to be carried on except to the extent specified in the notice; or
(d) the contour of a deposit of refuse or waste materials on land to be modified by altering the gradient or gradients of its sides.
(6) An enforcement notice issued in respect of a breach of planning control consisting of demolition of a building may require the construction of a building (in this section referred to as a “replacement building”) which, subject to subsection (7) of this section, is as similar as possible to the demolished building.
(7) A replacement building—
(a) must comply with any requirement imposed by or under any enactment applicable to the construction of buildings;
(b) may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control;
(c) must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b) of this subsection).
(8) An enforcement notice shall specify the date on which it is to take effect and, subject to section 85(3) of this Act, shall take effect on that date.
(9) An enforcement notice shall specify the period at the end of which any steps are required to have been taken or any activities are required to have ceased and may specify different periods for different steps or activities; and, where different periods apply to different steps or activities, references in this Part of this Act to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period at the end of which the step is required to have been taken or the activity is required to have ceased.
(10) An enforcement notice shall specify such additional matters as may be prescribed, and regulations may require every copy of an enforcement notice served under section 84 of this Act to be accompanied by an explanatory note giving prescribed information as to the right of appeal under section 85 of this Act.
(11) Where—
(a) an enforcement notice in respect of any breach of planning control could have required any buildings or works to be removed or any activity to cease, but does not do so; and
(b) all the requirements of the notice have been complied with,
then, so far as the notice did not so require, planning permission shall be treated as having been granted under section 29 of this Act in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities.
(12) Where—
(a) an enforcement notice requires the construction of a replacement building; and
(b) all the requirements of the notice with respect to that construction have been complied with,
planning permission shall be treated as having been granted under section 29 of this Act in respect of development consisting of that construction.
84AB Variation and withdrawal of enforcement notices.
(1) The planning authority may—
(a) withdraw an enforcement notice issued by them; or
(b) waive or relax any requirement of such a notice and, in particular, may extend any period specified in accordance with section 84AA(9) of this Act.
(2) The powers conferred by subsection (1) may be exercised whether or not the notice has taken effect.
(3) The planning authority shall, immediately after exercising the powers conferred by subsection (1), give notice of the exercise to every person who has been served with a copy of the enforcement notice or would, if the notice were re-issued, be served with a copy of it.
(4) The withdrawal of an enforcement notice does not affect the power of the planning authority to issue a further enforcement notice.
—
(1) A person on whom an enforcement notice is served, or any other person having an interest in the land may, at any time before the date specified in the notice as the date on which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—
(a) that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;
(b) that those matters have not occurred;
(c) that those matters (if they occurred) do not constitute a breach of planning control;
(d) that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;
(e) that copies of the enforcement notice were not served as required by section 84 of this Act;
(f) that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;
(g) that any period specified in the notice in accordance with section 84AA(9) of this Act falls short of what should reasonably be allowed.
(2) An appeal under this section shall be made either—
(a) by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect; or
(b) by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.
(2A) A person who gives notice under subsection (2) of this section shall submit to the Secretary of State, either when giving the notice or within such time as may be prescribed under subsection (2B) of this section, a statement in writing—
(a) specifying the grounds on which he is appealing against the enforcement notice; and
(b) giving such further information as may be so prescribed.
(2B) The Secretary of State may prescribe the procedure to be followed on appeals under this section, and (without prejudice to the generality of the foregoing provisions of this subsection) in so prescribing—
(a) may specify the time within which an appellant is to submit a statement under subsection (2A) of this section and the matters on which information is to be given in such a statement;
(b) may require the planning authority to submit, within such time as may be specified, a statement indicating the submissions which they propose to put forward on the appeal;
(c) may specify the matters to be included in such a statement;
(d) may require the authority or the appellant to give such notice of an appeal under this section as may be specified, to such persons as may be specified;
(e) may require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be specified, a copy of the enforcement notice and a list of the persons on whom the notice has been served.
(2C) The Secretary of State—
(a) may dismiss an appeal if the appellant fails to comply with subsection (2A) above within the time prescribed under subsection (2B)(a) above; and
(b) may allow an appeal and quash the enforcement notice if the planning authority fail to comply with any requirement imposed by virtue of paragraph (b), (c) or (e) of subsection (2B) above.
(2D) Subject to subsection (2C) above, the Secretary of State shall, if either the planning authority or the appellant so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.
(3) Where an appeal is brought under this section, the enforcement notice shall be of no effect pending the final determination or the withdrawal of the appeal.
(4) On an appeal under this section—
(a) the Secretary of State may—
(i) correct any defect, error or misdescription in the enforcement notice; or
(ii) vary the terms of the enforcement notice,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the planning authority;
(b) in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 84(2)of this Act to be served with the notice was not served, the Secretary of State may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.
(5) On the determination of an appeal under this section, the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the enforcement notice . . .; and the Secretary of State may—
(a) grant planning permission in respect of any of the matters stated in the enforcement notice as constituting a breach of planning control or any of those matters so far as relating to part of the land to which the notice relates;
(b) discharge any condition or limitation subject to which planning permission was granted;
(c) grant planning permission for such other development on the land to which the enforcement notice relates as appears to him to be appropriate; and
(d) determine whether on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which the permission was granted was lawful and, if so, issue a certificate under section 90 of this Act.
(5A) The provisions of sections 90 to 90C of this Act mentioned in subsection (5B) of this section shall apply for the purposes of subsection (5)(d) of this section as they apply for the purposes of section 90 of this Act, but as if—
(a) any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made; and
(b) references to the planning authority were references to the Secretary of State.
(5B) Those provisions are: sections 90(5) to (7), 90B(4) (so far as it relates to the form of the certificate), (6) and (7) and 90C.
(6) In considering whether to grant planning permission under subsection (5) of this section, the Secretary of State shall have regard to the provisions of the development plan, so far as material to the subject-matter of the enforcement notice, and to any other material considerations; —
(6A) The planning permission which may be granted under subsection (5) of this section is any planning permission which might be granted on an application under Part III of this Act.
(6B) Where the Secretary of State discharges a condition or limitation under subsection (5) of this section, he may substitute for it any other condition or limitation.
(7) Where an appeal against an enforcement notice is brought under this section, the appellant shall be deemed to have made an application for planning permission in respect of the matters stated in the enforcement notice as constituting a breach of planning controland, in relation to any exercise by the Secretary of State of his powers under subsection (5) of this section, the following provisions shall have effect—
(a) any planning permission granted thereunder shall be treated as granted on the said application;
(b) in relation to a grant of planning permission or a determination under that subsection, the Secretary of State’s decision shall be final; and
(c) for the purposes of section 31 of this Act, the decision shall be treated as having been given by the Secretary of State in dealing with an application for planning permission made to the. . . planning authority.
(7A) Where—
(a) the statement under subsection (2A) of section 85 of this Act specifies the ground mentioned in subsection (1)(a) of that section;
(b) any fee is payable under regulations made by virtue of section 87 (fees for planning applications etc.) of the Local Government, Planning and Land Act 1980 in respect of the application deemed to be made by virtue of the appeal; and
(c) the Secretary of State gives notice in writing to the appellant specifying the period within which the fee must be paid,
then, if that fee is not paid within that period, the appeal, so far as brought on that ground, and the application shall lapse at the end of that period.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by regulations under any other provision of this Act.
(10) The validity of an enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) to (e) of subsection (1) of this section.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86 Offence where enforcement notice not complied with.
(1) Where, at any time after the end of the period for compliance with an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is being carried on, the person who is then the owner of the land is in breach of the notice.
(2) Where the owner of the land is in breach of the notice he shall be guilty of an offence.
(3) In proceedings against any person for an offence under subsection (2) of this section, it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.
(4) A person who has control of or an interest in the land to which an enforcement notice relates (other than the owner) must not carry on any activity which is required by the notice to cease or cause or permit such an activity to be carried on.
(5) A person who, at any time after the end of the period for compliance with the notice, contravenes subsection (4) of this section shall be guilty of an offence.
(6) An offence under subsection (2) or (5) of this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under the subsection in question by reference to any period of time following the preceding conviction for such an offence.
(7) Where—
(a) a person charged with an offence under this section has not been served with a copy of the enforcement notice; and
(b) the notice is not contained in the appropriate register kept under section 87A of this Act,
it shall be a defence for him to show that he was not aware of the existence of the notice.
(8) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £20,0; and
(b) on conviction on indictment, to a fine.
(9) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
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(1) Where the planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.
(2) In this section, “relevant activity” means any activity specified in the enforcement notice as an activity which the planning authority require to cease and any activity carried out as part of that activity or associated with that activity.
(2A) A stop notice may not be served where the enforcement notice has taken effect.
(2B) A stop notice shall not prohibit the use of any building as a dwellinghouse.
(2C) A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.
(2D) Subsection (2C) of this section does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.
(3) A stop notice shall specify the date when it is to come into effect, and that date—
(a) must not be earlier than three days after the date when the notice is served, unless the planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and
(b) must not be later than twenty-eight days from the date when the notice is first served on any person.
(4) A stop notice shall cease to have effect—(a)when it is withdrawn under the provisions of subsection (10) below;
(b) when the enforcement notice to which it relates is withdrawn or quashed; or
(c) when the period for compliance with that enforcement notice specified under section 84AA(9) of this Act has expired;
whichever is the earlier.
(5) Where the enforcement notice to which a stop notice relates is varied so that it no longer relates to any relevant activity, the stop notice shall cease to have effect in relation to that activity.
(6) A stop notice may be served by the planning authority on any person who appears to them to have an interest in the land or to be engaged in the relevant activity specified in the enforcement notice.
(7) The planning authority may publicise a stop notice by displaying on the land a notice (to be referred to as a “site notice”) which shall state—
(a) the requirements of the stop notice;
(b) that the stop notice has been served on a particular person or persons; and
(c) the consequences under subsection (8) below of contravention of the stop notice.
(8) If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.
(8A) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.
(8B) It shall be a defence in any proceedings under subsection (8) of this section that the stop notice was not served on the accused and that he had no reasonable cause to believe that the activity was prohibited by the stop notice.
(8C) References in this section to contravening a stop notice include causing or permitting its contravention.
(8D) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £20,0; and
(b) on conviction on indictment, to a fine.
(8E) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(9) A stop notice shall not be invalid by reason that the enforcement notice to which it relates was not served as required by section 84 of this Act if it is shown that the planning authority took all such steps as were reasonably practicable to effect proper service.
(10) The planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by notice which—
(a) shall be served on all persons who were served with the stop notice; and
(b) shall be publicised by displaying it for seven days in place of all or any relative site notices.
(1) This section applies where planning permission for carrying out any development has been granted subject to conditions.
(2) The planning authority may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a “breach of condition notice”) on—
(a) any person who is carrying out or has carried out the development; or
(b) any person having control of the land,
requiring him to secure compliance with such of the conditions as are specified in the notice.
(3) References in this section to the person responsible are to the person on whom the breach of condition notice has been served.
(4) The conditions which may be specified in a notice served by virtue of subsection (2)(b) of this section are any of the conditions regulating the use of the land.
(5) A breach of condition notice shall specify the steps which the authority consider ought to be taken, or the activities which the authority consider ought to cease, to secure compliance with the conditions specified in the notice.
(6) The authority may by notice served on the person responsible withdraw the breach of condition notice, but its withdrawal shall not affect the power to serve on him a further breach of condition notice in respect of the conditions specified in the earlier notice or any other conditions.
(7) The period allowed for compliance with the notice is—
(a) such period of not less than twenty-eight days beginning with the date of service of the notice as may be specified in the notice, or
(b) that period as extended by a further notice served by the planning authority on the person responsible.
(8) If, at any time after the end of the period allowed for compliance with the notice.
(a) any of the conditions specified in the notice is not complied with, and
(b) the steps specified in the notice have not been taken or, as the case may be, the activities specified in the notice have not ceased,
the person responsible is in breach of the notice.
(9) If the person responsible is in breach of the notice he shall be guilty of an offence.
(10) An offence under subsection (9) of this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.
(11) It shall be a defence for a person charged with an offence under subsection (9) of this section to prove—
(a) that he took all reasonable measures to secure compliance with the conditions specified in the notice; or
(b) where the notice was served on him by virtue of subsection (2)(b) of this section, that he no longer had control of the land.
(12) A person who is guilty of an offence under subsection (9) of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(13) In this section—
(a) “conditions” includes limitations; and
(b) references to carrying out any development include causing or permitting another to do so.