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Local Government, Planning and Land Act 1980

Status:

This is the original version (as it was originally enacted).

Part IXTown and Country Planning

Allocation of planning functions

86Distribution of planning functions between planning authorities

—(1) The following sub-paragraphs shall be substituted for sub-paragraph (3) of paragraph 15 of Schedule 16 to the Local Government Act 1972: —

(3)Every application mentioned in sub-paragraph (1) above shall be made to the district planning authority.

(3A)The district planning authority shall send to the county planning authority, as soon as may be and in any case not later than seven days after they have received it, a copy of any application for planning permission which appears to them to relate to a county matter.

(3B)Subject to sub-paragraph (3C) below, the district planning authority shall send to the local highway authority, as soon as may be after they have received it, a copy of any application for planning permission which does not appear to them to relate to a county matter.

(3C)If the local highway authority specifies any case or class of case in which a copy of such an application as is mentioned in sub-paragraph (3B) above need not be sent to them, the duty imposed on the district planning authority by that sub-paragraph shall not extend to any application to which the direction relates..

(2)The following paragraph shall be substituted for paragraph 19 of that Schedule (power of county planning authority to give directions as to determination of planning application where it appears to the authority that any proposals in the application would substantially and adversely affect their interests as local planning authority): —

19(1)Subject to sub-paragraph (3) below, the district planning authority shall consult the county planning authority for their area before determining any application to which this sub-paragraph applies.

(2)Sub-paragraph (1) above applies to any application for planning permission for the carrying out—

(a)of any development of land which would materially conflict with or prejudice the implementation—

(i)of any policy or general proposal contained in a structure plan which has been approved by the Secretary of State ;

(ii)of any policy or general proposal contained in a structure plan which has been submitted to the Secretary of State for approval;

(iii)of any proposal to include in a structure plan any matter to which the county planning authority have given publicity under section 8 (publicity in connection with preparation of structure plans) or under that section as applied by section 10 (alteration of structure plans);

(iv)of a fundamental provision of a development plan which has been approved by the Secretary of State (whether under Part I of Schedule 5 or under any enactment replaced by that Part of that Schedule) so far as the development plan is in force in the district planning authority's area;

(v)of any proposal contained in a local plan which has been prepared by the county planning authority (whether or not the plan has been adopted by the authority or approved by the Secretary of State);

(vi)of any proposal to include in a local plan which the county planning authority are preparing any matter to which they have given publicity under section 12 (publicity in connection with preparation of local plans) ;

(vii)of any proposal to include in alterations which the county planning authority are proposing for a local plan any matter to which they have given publicity under the said section 12 as applied by section 15 (publicity in connection with alteration of local plans);

(b)of any development of land which would, by reason of its scale or nature or the location of the land, be of major importance for the implementation of a structure plan which has been approved by the Secretary of State;

(c)of any development of land in an area which the county planning authority have notified to the district planning authority, in writing, as an area in which development is likely to affect or be affected by the winning and working of minerals, other than coal;

(d)of any development of land which the county planning authority have notified the district planning authority, in writing, that they themselves propose to develop;

(e)of any development of land which would prejudice the carrying out of development proposed by the county planning authority and notified to the district planning authority under paragraph (d) above;

(f)of any development of land in England in respect of which the county planning authority have notified the district planning authority, in writing, that it is proposed that it shall be used for waste disposal;

(g)of any development of land which would prejudice a proposed use of land for waste disposal notified to the district planning authority under paragraph (f) above.

(3)The district planning authority may determine an application to which sub-paragraph (1) above applies without the consultation required by that sub-paragraph if the county planning authority have given them directions authorising them to do so.

(4)A direction under sub-paragraph (3) above may relate to a class of applications or to a particular application.

(5)Subject to sub-paragraph (6) below, where the district planning authority are required to consult the county planning authority before determining an application for planning permission—

(a)they shall give the county planning authority notice that they propose to consider the application and send them a copy of it; and

(b)they shall not determine it until the expiration of such period from the date of the notice as a development order may provide.

(6)A district planning authority may determine an application for planning permission before the expiration of such a period as is mentioned in sub-paragraph (5)(b) above—

(a)if they have received representations concerning the application from the county planning authority before the expiration of that period ; or

(b)if the county planning authority have notified them that they do not wish to make representations.

(7)Where a district planning authority are required to consult the county planning authority before determining an application for planning permission, they shall in determining it take into account any representations relating to it which they have received from the county planning authority before the expiration of the period mentioned in subparagraph (5)(b) above.

(8)In this paragraph " development order " has the meaning assigned to it by section 24 of the Town and Country Planning Act 1971..

(3)It shall be the duty of a local planning authority when exercising their functions under section 29 of the Town and Country Planning Act 1971 (determination of applications) to seek the achievement of the general objectives of the structure plan for the time being in force for their area.

(4)In paragraph 32 of Schedule 16 to the Local Government Act 1972 (definition of " county matter ")—

(a)the following sub-paragraph shall be inserted after subparagraph (a)—

(ad)the use of land, or the erection of any building, plant or machinery on land, for the carrying out of any process for the preparation or adaptation for sale of any mineral or the manufacture of any article from a mineral where—

(i)the land forms part of or adjoins a site used or proposed to be used for the winning and working of minerals ; or

(ii)the mineral is, or is proposed to be, brought to the land from a site used, or proposed to be used, for the winning and working of minerals by means of a pipeline, conveyor belt, aerial ropeway, or similar plant or machinery, or by private road, private waterway or private railway ;;

(b)the following sub-paragraphs shall be inserted after subparagraph (c): —

(ca)the use of land for any purpose required in connection with the transport by rail or water of aggregates (that is to say, any of the following, namely—

(i)sand and gravel;

(ii)crushed rock;

(iii)artificial materials of appearance similar to sand, gravel or crushed rock and manufactured or otherwise derived from iron or steel slags, pulverised fuel ash, clay or mineral waste),

or the erection of any building, plant or machinery which it is proposed to use in connection therewith;

(cb)the erection of any building, plant or machinery which it is proposed to use for the coating of roadstone or the production of concrete or of concrete products or artificial aggregates, where the building, plant or machinery is to be erected in or on land which forms part of or adjoins a site used or proposed to be used—

(i)for the winning and working or minerals ; or

(ii)for any of the purposes mentioned in sub paragraph (ca) above;

(cc)the erection of any building, plant or machinery which it is proposed to use for the manufacture of cement;

(cd)the carrying out of operations in, on, over or under land, or a use of land, where the land is or forms part of a site used or formerly used for the winning and working of minerals and where the operations or use would conflict with or prejudice compliance with any condition imposed on a planning permission requiring the restoration of the land when the winning and working of minerals has ceased;;

(c)sub-paragraph (d) (by virtue of which the carrying out of operations or a use of land is a county matter if it would conflict or be inconsistent with certain county plans and policies) shall cease to have effect.

(5)Nothing in the general transfer provisions shall prevent a county planning authority determining an application to which this subsection applies after the commencement date if it was made before that date.

(6)Subsection (5) above applies to any application which relates to a transferred matter and which is of a description mentioned in paragraph 15(l)(a), (b) or (c) of Schedule 16 to the Local Government Act 1972.

(7)The following paragraphs shall be inserted after paragraph 7 of Schedule 3 to the Town and Country Planning Act 1971 (reference of applications for planning permission to Secretary of State and Greater London Council): —

7AWhere the Secretary of State provides by regulations under paragraph 7 above that particular applications for planning permission or a particular class of such applications shall be referred to him or to the Greater London Council, the regulations may provide that applications satisfying such conditions as may be specified in the regulations need not be so referred. Requirement of consultation between Greater London Council and London borough councils with regard to certain applications

7B(1)Where a development order requires the council of a London borough to consult the Greater London Council before determining any application for planning permission belonging to a particular class of applications specified in the order, the council of a borough may determine an application falling within that class without the consultation required by the order if the Greater London Council have given them directions authorising them to do so.

(2)A direction under sub-paragraph (1) of this paragraph may relate to a class of applications or to a particular application.

(3)Subject to sub-paragraph (4) of this paragraph, where the council of a London borough are required to consult the Greater London Council before determining an application for planning permission—

(a)they shall give the Greater London Council notice that they propose to consider the application and send them a copy of it; and

(b)they shall not determine it until the expiration of such period from the date of the notice as a development order may provide.

(4)The council of a London borough may determine an application for planning permission before the expiration of such a period as is mentioned in sub-paragraph (3) (b) of this paragraph—

(a)if they have received representations concerning the application from the Greater London Council before the expiration of that period ; or

(b)if the Greater London Council have notified them that they do not wish to make representations.

(5)Where the council of a London borough are required to consult the Greater London Council before determining an application for planning permission, they shall in determining it take into account any representations relating to it which they have received from the Greater London Council before the expiration of the period mentioned in sub-paragraph (3)(b) of this paragraph..

(8)Subject to subsection (10) below, the provisions to which this subsection applies shall come into operation on the commencement date.

(9)The provisions to which subsection (8) above applies are—

(a)the general transfer provisions ;

(b)the Greater London provisions ; and

(c)paragraph 4 of Schedule 15 below.

(10)A development order required to be made for the purposes of any of the provisions to which subsection (8) above applies may be made before the commencement date.

(11)In this section—

  • " the commencement date " means the date on which there expires the period of two months beginning with the day on which this Act is passed;

  • " the general transfer provisions " means—

    (a)

    subsections (1) to (4) above ; and

    (b)

    paragraphs 12, 13, 15, 16 and 20 of Schedule 15 below;

  • " the Greater London provisions " means—

    (a)

    subsection (7) above ; and

    (b)

    paragraph 24 of Schedule 15 below ; and

  • " transferred matter" means a matter which before the commencement date is a county matter, as defined in paragraph 32 of Schedule 16 to the Local Government Act 1972, but which ceases to be a county matter in consequence of the provisions of this Part of this Act.

Planning fees

87Fees for planning applications etc.

(1)The Secretary of State may by regulations make such provision as he thinks fit for the payment of a fee of the prescribed amount to a local planning authority in England or Wales or a planning authority in Scotland in respect of an application made to them under the planning enactments for any permission, consent, approval, determination or certificate.

(2)Regulations under subsection (1) above may provide for the transfer—

(a)of prescribed fees received in respect of any description of application by an authority in England or Wales to whom applications fall to be made to any other authority by whom applications of that description fall to be dealt with;

(b)of prescribed fees received in respect of any application or class of applications by a district planning authority in Scotland to a regional planning authority where the regional planning authority have exercised the powers conferred upon them by section 179(1) of the Local Government (Scotland) Act 1973.

(3)The Secretary of State may by regulations make such provision as he thinks fit for the payment to him of a fee of the prescribed amount in respect of an application for planning permission which is deemed to be made to him under the planning enactments.

(4)Regulations under subsection (1) or (3) above may provide for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances.

(5)Regulations under subsection (1) or (3) of this section shall be made by statutory instrument.

(6)No such regulations shall be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

(7)Any sum paid to the Secretary of State under this section shall be paid into the Consolidated Fund.

(8)In this section " the planning enactments " means—

(a)in England and Wales, the Town and Country Planning Act 1971 and orders and regulations made under it; and

(b)in Scotland, the Town and Country Planning (Scotland) Act 1972 and orders and regulations made under it, and " prescribed " means prescribed by regulations under subsection (1) or (3) of this section.

Surveys and structure plans and local plans

88Local plans-expedited procedure

(1)The following sections shall be inserted after section 15 of the Town and Country Planning Act 1971: — Local plans-expedited procedure.

15A(1)Where

(a)a local planning authority have prepared a local plan; and

(b)the Secretary of State gives them a direction authorising them to take such steps preliminary to its adoption as are mentioned in section 12(2) of this Act; and

(c)at the time when he gives them that direction he has not approved the structure plan so far as it relates to the area of the local plan,

they may take those steps and adopt the local plan, whether or not the Secretary of State approves the structure plan first.

(2)Where

(a)a local planning authority have prepared proposals for the repeal of a local plan and its replacement with a new local plan ; and

(b)the Secretary of State gives them a direction authorising them to take such steps preliminary to its repeal and replacement as are mentioned in section 12(2) of this Act; and

(c)at the time when he gives them that direction he has not approved the structure plan so far as it relates to the area of the new local plan,

they may take those steps and repeal the existing plan and adopt the new one, whether or not the Secretary of State approves the structure plan first.

(3)Where

(a)a local planning authority have prepared proposals—

(i)for the alteration of a local plan; or

(ii)for the repeal of a local plan without its replacement with a new plan ; and

(b)the Secretary of State gives them a direction authorising them to take such steps preliminary to the alteration or, as the case may be, the repeal of the local plan as are mentioned in section 12(2) of this Act; and

(c)at the time when he gives them that direction he has not approved the structure plan so far as it relates to the area of the local plan,

they may take those steps and adopt the proposals, whether or not the Secretary of State approves the structure plan first.

(4)The powers conferred by subsections (1) to (3) of this section may be exercised by a district planning authority notwithstanding that they have not obtained a certificate under section 14(5) or (7) of this Act, but subject to the other provisions of that section and to the provisions of sections 12 and 13 of this Act.

(5)Before adopting—

(a)a local plan; or

(b)proposals for the repeal or alteration of a local plan,

in exercise of the powers conferred on them by this section, a local planning authority shall make such modifications to the plan (if any) as may be necessary to make it conform generally to the structure plan as it stands for the time being.

(6)Where this section applies, if the Secretary of State has approved the structure plan so far as it relates to the area of the local plan, but proposals for its alteration, repeal or replacement, so far as it relates to that area, have been prepared and submitted to the Secretary of State, he may direct that such of the provisions of this Act mentioned in subsection (4) of this section as are applicable shall have effect as respects the local planning authority's exercise of their powers under this section as if the proposals for alteration, repeal or replacement of the structure plan had been approved by him.

(7)The provisions of this Act mentioned in subsection (3) above are—

(a)section 11(9);

(b)paragraph l1(4)(a) of Schedule 4 ; and

(c)section 14(2) and (5) to (7).

(8)If the Secretary of State thinks fit, a direction under subsection (6) of this section may specify modifications which the local planning authority are to make to a local plan or to proposals for the alteration, repeal or replacement of such a plan before adopting the plan or the proposals, for the purpose of bringing the local plan into general conformity with the structure plan as it will be after alteration, or, if the structure plan is to be repealed and replaced, for the purpose of bringing the local plan into general conformity with the new structure plan as it stands for the time being.

(9)Before giving a direction under this section, the Secretary of State shall consult—

(a)every county planning authority and district planning authority whose area includes any land to which the local plan relates ; or

(b)if the land to which the local plan relates is in Greater London, the Greater London Council and every London borough council in whose area the land is situated.

15B(1)It shall be the duty of a county planning authority—

(a)on the approval of a structure plan, to consider whether any local plan which has been adopted for part of the area to which the structure plan relates, or which has been approved by the Secretary of State for part of that area, conforms generally to the structure plan ; and

(b)on the approval of proposals for the alteration of a structure plan, to consider whether any local plan which has been adopted for an area affected by the alterations, or which has been approved by the Secretary of State for such an area, conforms generally to the structure plan as altered.

(2)Not later than the expiration of the period of one month from the date on which the county planning authority receive notice of the Secretary, of State's approval of a structure plan they shall send—

(a)to the Secretary of State ; and

(b)to every district planning authority who prepared for any part of the area to which the structure plan relates a local plan which has been adopted or which has been approved by the Secretary of State,

a copy—

(i)of a list specifying every such local plan as is mentioned in subsection (l)(a) of this section which they certify to conform generally to the structure plan; and

(ii)of a list specifying every such plan which in their opinion does not so conform.

(3)Not later than the expiration of the period of one month from the date on which the county planning authority receive notice of the Secretary of State's approval of proposals for the alteration of a structure plan, they shall send—

(a)to the Secretary of State; and

(b)to every district planning authority who prepared a local plan which has been adopted or which has been approved by the Secretary of State and which is for an area which will be affected by the alterations,

a copy—

(i)of a list specifying every such local plan as is mentioned in subsection (1)(b) of this section which they certify to conform generally to the structure plan as. altered; and

(ii)of a list specifying every such plan which in their opinion does not so conform.".

(2)Accordingly—

(a)in subsection (2) of section 12 of that Act (publicity in connection with preparation of local plans), after the word " and ", in the first place where it occurs, there shall be inserted the words

, subject to section 15A of this Act,; and

(b)in subsection (2) of section 14 (adoption and approval of local plans) and in subsection (3) of section 15 (which applies certain provisions in relation to the making of proposals for the alteration of local plans and to alterations so proposed), for the word " The ", in the first place where it occurs in each subsection, there shall be substituted the words

Subject to section 15A of this Act, the.

(3)Section 12 of the Inner Urban Areas Act 1978 (which is superseded by the first of the sections inserted in the Town and Country Planning Act 1971 by this section) shall cease to have effect, but its repeal shall not affect any direction given under it before the passing of this Act.

89Additional amendments relating to surveys and plans

The amendments relating to surveys and plans contained in Schedule 14 to this Act shall have effect.

General planning amendments

90Planning-general

The further amendments relating to planning contained in Schedule 15 to this Act shall have effect.

Compulsory acquisition

91Amendments relating to compulsory acquisition

(1)The following subsections shall be substituted for section 112(1) of the Town and Country Planning Act 1971 (compulsory acquisition by local authority of land for development etc.)—

(1)A local authority to whom this section applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a)any land which is in their area and which is suitable for and is required in order to secure the carrying out of one or more of the following activities, namely, development, re-development and improvement ;

(b)any land which is in their area and which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated. (1A) A local authority and the Secretary of State in considering for the purposes of subsection (l)(a) above whether land is suitable for development, re-development or improvement shall have regard—

(a)to the provisions of the development plan, so far as material;

(b)to whether planning permission for any development on the land is in force ; and

(c)to any other considerations which, on an application for planning permission for development on the land, would be material for the purpose of determining that application.

(1B)Where a local authority exercise their power under subsection (1) of this section in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a)any land adjoining that land which is required for the purpose of executing works for facilitating its development or use ; or

(b)where that land forms part of a common or open space or fuel or field garden allotment, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(1C)It is immaterial by whom the local authority propose that any activity or purpose mentioned in subsection (1) or (1B) (a) of this section should be undertaken or achieved (and in particular the local authority need not propose to undertake an activity or to achieve that purpose themselves)..

(2)Where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act, sections 112 and 119 of the Town and Country Planning Act 1971 shall apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

Amendments of Town and Country Planning (Scotland) Act 1972

92Town and Country Planning-Scotland

(1)In section 24 of the Town and Country Planning (Scotland) Act 1972 (notification of applications to owners and agricultural tenants) the following paragraph shall be inserted in place of paragraph id) of subsection (1): —

(a)a certificate stating that at the beginning of a period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates ;.

(2)In subsection (7) of the said section 24 (definition of " owner ") for the words from " entitled " to " in the land " there shall be substituted the words

who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of the undertaking and any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than seven years.

(3)Subsections (1) and (2) above shall not apply to an application for planning permission made before the commencement of this Act.

(4)The following subsections shall be substituted for section 102(1) of the Town and Country Planning (Scotland) Act 1972 (compulsory acquisition by local authorities of land for development etc.): —

(1)A local authority to whom this subsection applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a)any land within their area which is suitable for and is required in order to secure the carrying out of one or more of the following activities, namely, development, redevelopment and improvement ;

(b)any land which is in their area and which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

(1A)A local authority and the Secretary of State in considering for the purposes of subsection (l)(a) above whether land is suitable for development, re-development or improvement shall have regard—

(a)to the provisions of the development plan, so far as material;

(b)to whether planning permission for any development on the land is in force ; and

(c)to any other consideration which, on an application for planning permission for development on the land, would be material for the purpose of determining that application.

(1B)Where a local authority exercise their powers under subsection (1) above in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a)any land adjoining that land which is required for the purposes of executing works for facilitating its development or use ; or

(b)where the land forms part of a common or open space, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(1C)It is immaterial by whom the local authority propose any activity or purpose mentioned in subsection (1) or (1B)(a) above is to be undertaken or achieved (and in particular the local authority need not propose to undertake that activity or achieve that purpose themselves)..

(5)Where a compulsory purchase order has been made or missives have been entered into for the acquisition of land before the passing of this Act, sections 102 and 109 of the Town and Country Planning (Scotland) Act 1972 shall continue to apply as they applied immediately before the passing of this Act which shall for this purpose be treated as not having been passed.

(6)In section 113(6) of that Act after the words "section 102(l)(a) ", the words " to (c) " shall be omitted.

(7)In section 183(2)(d) of that Act (grounds of objection to blight notice) after the word " that" (where it first appears) there shall be inserted the words

(in the case of land falling within paragraph (a) or (c) but not (e), (f) or (h) of section 181(1) of this Act)

and for " ten " there shall be substituted

fifteen.

(8)Subsection (7) above does not apply to a counter notice served under the said section 183 before the passing of this Act.

(9)Section 87 above extends to Scotland, and this section extends to Scotland only but, subject to that, this Part of this Act does not extend to Scotland.

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