Town and Country Planning Act 1990
Part IPlanning Authorities
1Local planning authorities: general
2Joint planning boards
3Joint planning committee for Greater London
4National Parks
5The Broads
6Enterprise zones
7Urban development areas
8Housing action areas
9Power to make consequential and supplementary provision about authorities
Part IIDevelopment Plans
Chapter IUnitary Development Plans: Metropolitan Areas including London
Preliminary
10Application of Chapter I to Greater London and metropolitan counties
Surveys etc.
11Survey of planning areas
Preparation and adoption of unitary development plans
12Preparation of unitary development plan
13Publicity in connection with preparation of unitary development plan
14Withdrawal of unitary development plan
15Adoption of unitary development plan by local planning authority
16Local inquiries
Secretary of State’s powers concerning plans
17Direction to reconsider proposals
18Calling in of unitary development plan for approval by Secretary of State
19Approval of unitary development plan by Secretary of State
20Local inquiry, public examination and consultation by Secretary of State
Alteration of plans
21Alteration or replacement of unitary development plan
22Short procedure for certain alterations and replacements
Joint plans
23Joint unitary development plans
Supplementary
24Disregard of certain representations
25Default powers
26Regulations and directions
27Meaning of “development plan” in Greater London and metropolitan counties
28Commencement of Chapter I: transitional provisions
Chapter IIStructure and Local Plans: Non-Metropolitan Areas
Preliminary
29Application of Chapter II to non-metropolitan areas
Surveys, etc.
30Survey of planning areas
Structure plans
31Structure plans: continuity, form and content
32Alteration and replacement of structure plans
33Publicity in connection with proposals for alteration or replacement of structure plans
34Withdrawal of proposals for alteration and replacement of structure plans
35Approval or rejection of proposals for alteration or replacement of structure plans
Local plans
36Local plans
37Local plan schemes
38Power of Secretary of State to direct making of local plan, etc
39Publicity and consultation: general
40Publicity and consultation: short procedure for certain alterations, etc
41Powers of Secretary of State to secure adequate publicity and consultation
42Objections: local inquiry or other hearing
43Adoption of proposals
44Calling in of proposals for approval by Secretary of State
45Approval of proposals by Secretary of State
Conformity between plans
46Certificate of conformity
47Alteration of structure plan
48Local plan to prevail in cases of conflict with structure plan
Supplementary
49Disregarding of representations with respect to development authorised by or under other enactments
50Joint structure and local plans
51Default powers
52Reviews of plans in enterprise zones
53Supplementary provisions as to structure and local plans
54Meaning of “development plan” outside Greater London and the metropolitan counties
Part IIIControl over development
Meaning of development
55Meaning of “development” and “new development”
56Time when development begun
Requirement for planning permission
57Planning permission required for development
58Granting of planning permission: general
Development orders
59Development orders: general
60Permission granted by development order
61Development orders: supplementary provisions
Applications for planning permission
62Form and content of applications for planning permission
63Applications in connection with existing buildings and uses
64Applications to determine whether planning permission required
Publicity for applications
65Publication of notices of applications for planning permission for designated development
66Notification of applications to owners and agricultural tenants
67Notification of applications for planning permission for mineral working
68Further provisions as to certificates under sections 65 to 67
69Registers of applications, etc
Determination of applications
70Determination of applications: general considerations
71Consultations in connection with determinations under s. 70
72Conditional grant of planning permission
73Determination of applications to develop land without compliance with conditions previously attached
74Directions etc. as to method of dealing with applications
75Effect of planning permission
76Duty to draw attention to certain provisions for benefit of disabled
Secretary of State’s powers as respects planning applications and decisions
77Reference of applications to Secretary of State
78Right to appeal against planning decisions and failure to take such decisions
79Determination of appeals
80Review of planning decisions where compensation claimed
81Provisions supplementary to s. 80
Simplified planning zones
82Simplified planning zones
83Making of simplified planning zone schemes
84Simplified planning zone schemes: conditions and limitations on planning permission
85Duration of simplified planning zone scheme
86Alteration of simplified planning zone scheme
87Exclusion of certain descriptions of land or development
Enterprise zone schemes
88Planning permission for development in enterprise zones
89Effect on planning permission of modification or termination of scheme
Deemed planning permission
90Development with government authorisation
Duration of planning permission
91General condition limiting duration of planning permission
92Outline planning permission
93Provisions supplementary to ss. 91 and 92
94Termination of planning permission by reference to time limit: completion notices
95Effect of completion notice
96Power of Secretary of State to serve completion notices
Revocation and modification of planning permission
97Power to revoke or modify planning permission
98Procedure for s. 97 orders: opposed cases
99Procedure for s. 97 orders: unopposed cases
100Revocation and modification of planning permission by the Secretary of State
References to Planning Inquiry Commission
101Power to refer certain planning questions to Planning Inquiry Commission
Other controls over development
102Orders requiring discontinuance of use or alteration or removal of buildings or works
103Confirmation by Secretary of State of s. 102 orders
104Power of the Secretary of State to make s. 102 orders
105Duty of mineral planning authorities to review mineral workings
106Agreements regulating development or use of land
Part IVCompensation for Effects of Certain Orders, Notices, etc.
Compensation for revocation of planning permission, etc.
107Compensation where planning permission revoked or modified
108Compensation for refusal or conditional grant of planning permission formerly granted by development order
109Apportionment of compensation for depreciation
110Registration of compensation for depreciation
111Recovery of compensation under s. 107 on subsequent development
112Amount recoverable under s. 111 and provisions for payment or remission of it
113Contribution by Secretary of State towards compensation in certain cases
Compensation for other planning decisions
114Compensation for planning decisions restricting development other than new development
115Compensation in respect of orders under s. 102, etc
116Special basis for compensation in respect of certain orders affecting mineral working
General and supplemental provisions
117General provisions as to compensation for depreciation under Part IV
118Determination of claims for compensation
Part VCompensation for Restrictions on New Development in Limited Cases
Preliminary
119Scope of Part V
Right to compensation
120Right to compensation: general principles
121Planning decisions not ranking for compensation
122No compensation if certain other development permitted
123Further exclusions from compensation
124Grant of planning permission treated as subject to notional condition
Amount of compensation
125General provisions as to amount of compensation
126Assessment of depreciation
Claims for and payment of compensation
127General provisions as to claims for compensation
128Effect on claims of direction under s. 80
129Determination of claims
130Payment of compensation
Recovery of compensation
131Apportionment of compensation
132Registration of compensation
133Recovery of compensation on subsequent development
134Amount recoverable and provisions for payment or remission of it
Supplementary provisions
135Mortgages, rent-charges and settlements
136Calculation of value
Part VIRights of owners etc. to require purchase of interests
Chapter IInterests affected by planning decisions or orders
Service of purchase notices
137Circumstances in which purchase notices may be served
138Circumstances in which land incapable of reasonably beneficial use
Duties of authorities on service of purchase notice
139Action by council on whom purchase notice is served
140Procedure on reference of purchase notice to Secretary of State
141Action by Secretary of State in relation to purchase notice
142Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission
143Effect of Secretary of State’s action in relation to purchase notice
Compensation
144Special provisions as to compensation where purchase notice served
Special provisions for requiring purchase of whole of partially affected agricultural unit
145Counter-notice requiring purchase of remainder of agricultural unit
146Effect of counter-notice under s. 145
147Provisions supplemental to ss. 145 and 146
Supplemental
148Interpretation of Chapter I
Chapter IIInterests Affected by Planning Proposals: Blight
Preliminary
149Scope of Chapter II
Blight notices
150Notices requiring purchase of blighted land
151Counter-notices objecting to blight notices
152Further counter-notices where certain proposals have come into force
153Reference of objection to Lands Tribunal: general
154Effect of valid blight notice
155Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire
156Withdrawal of blight notice
Compensation
157Special provisions as to compensation for acquisitions in pursuance of blight notices
Special provisions for requiring purchase of whole of partially affected agricultural unit
158Inclusion in blight notices of requirement to purchase parts of agricultural units unaffected by blight
159Objections to s. 158 notices
160Effect of notices served by virtue of s. 158
Personal representatives, mortgagees and partnerships
161Powers of personal representatives in respect of blight notice
162Power of mortgagees to serve blight notice
163Prohibition on service of simultaneous notices under ss. 150, 161 and 162
164Special provisions as to partnerships
Miscellaneous and supplementary provisions
165Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served
166Saving for claimant’s right to sell whole hereditament, etc
167No withdrawal of constructive notice to treat
168Meaning of “owner-occupier” and “resident owner-occupier”
169“Appropriate authority” for purposes of Chapter II
170“Appropriate enactment” for purposes of Chapter II
171General interpretation of Chapter II
Part VIIEnforcement
Enforcement notices
172Power to issue enforcement notice
173Contents of enforcement notice
174Appeal against enforcement notice
175Appeals: supplementary provisions
176General provisions relating to determination of appeals
177Grant or modification of planning permission on appeals against enforcement notices
178Execution and cost of works required by enforcement notice
179Penalties for non-compliance with enforcement notice
180Effect of planning permission on enforcement notice
181Enforcement notice to have effect against subsequent development
182Enforcement by the Secretary of State
Stop notices
183Stop notices
184Stop notices: supplementary provisions
185Service of stop notices by Secretary of State
186Compensation for loss due to stop notice
187Penalties for contravention of stop notice
Registers
188Register of enforcement and stop notices
Enforcement of orders for discontinuance of use, etc.
189Penalties for contravention of orders under s. 102 and Schedule 9
190Enforcement of orders under s. 102 and Schedule 9
Established use certificates
191Meaning of “established use”
192Applications for established use certificates
193Supplementary provisions as to applications
194Determination of applications
195Appeals against refusal or failure to give decision on application
196Further provisions as to references and appeals to the Secretary of State
Part VIIISpecial Controls
Chapter ITrees
General duty of planning authorities as respects trees
197Planning permission to include appropriate provision for preservation and planting of trees
Tree preservation orders
198Power to make tree preservation orders
199Form of and procedure applicable to orders
200Orders affecting land where Forestry Commissioners interested
201Provisional tree preservation orders
202Power for Secretary of State to make tree preservation orders
Compensation for loss or damage caused by orders, etc.
203Compensation in respect of tree preservation orders
204Compensation in respect of requirement as to replanting of trees
205Determination of compensation claims
Consequences of tree removal, etc.
206Replacement of trees
207Enforcement of duties as to replacement of trees
208Appeals against s. 207 notices
209Execution and cost of works required by s. 207 notice
210Penalties for non-compliance with tree preservation order
Trees in conservation areas
211Preservation of trees in conservation areas
212Power to disapply s. 211
213Enforcement of controls as respects trees in conservation areas
214Registers of s. 211 notices
Chapter IILand Adversely Affecting Amenity of Neighbourhood
215Power to require proper maintenance of land
216Penalty for non-compliance with s. 215 notice
217Appeal to magistrates' court against s. 215 notice
218Further appeal to the Crown Court
219Execution and cost of works required by s. 215 notice
Chapter IIIAdvertisements
Advertisement regulations
220Regulations controlling display of advertisements
221Power to make different advertisement regulations for different areas
222Planning permission not needed for advertisements complying with regulations
Repayment of expense of removing prohibited advertisements
223Repayment of expense of removing prohibited advertisements
Enforcement of control over advertisements
224Enforcement of control as to advertisements
225Power to remove or obliterate placards and posters
Part IXAcquisition and Appropriation of Land for Planning Purposes, etc.
Acquisition for planning and public purposes
226Compulsory acquisition of land for development and other planning purposes
227Acquisition of land by agreement
228Compulsory acquisition of land by the Secretary of State for the Environment
229Appropriation of land forming part of common, etc
230Acquisition of land for purposes of exchange
231Power of Secretary of State to require acquisition or development of land
Appropriation, disposal and development of land held for planning purposes, etc.
232Appropriation of land held for planning purposes
233Disposal by local authorities of land held for planning purposes
234Disposal by Secretary of State of land acquired under s. 228
235Development of land held for planning purposes
Extinguishment of certain rights affecting acquired or appropriated land
236Extinguishment of rights over land compulsorily acquired
237Power to override easements and other rights
238Use and development of consecrated land
239Use and development of burial grounds
240Provisions supplemental to ss. 238 and 239
241Use and development of open spaces
242Overriding of rights of possession
Constitution of joint body to hold land for planning purposes
243Constitution of joint body to hold land for planning purposes
General and supplementary provisions
244Powers of joint planning boards under Part IX
245Modification of incorporated enactments for purposes of this Part
246Interpretation of Part IX
Part XHighways
Orders made by Secretary of State
247Highways affected by development: orders by Secretary of State
248Highways crossing or entering route of proposed new highway, etc
249Order extinguishing right to use vehicles on highway
250Compensation for orders under s. 249
251Extinguishment of public rights of way over land held for planning purposes
252Procedure for making of orders
253Procedure in anticipation of planning permission
254Compulsory acquisition of land in connection with highways
255Concurrent proceedings in connection with highways
256Telecommunic-ation apparatus: orders by Secretary of State
Orders by other authorities
257Footpaths and bridleways affected by development: orders by other authorities
258Extinguishment of public rights of way over land held for planning purposes
259Confirmation of orders made by other authorities
260Telecommunic-ation apparatus: orders by or on application of other authorities
Temporary highway orders: mineral workings
261Temporary stopping up of highways for mineral workings
Part XIStatutory Undertakers
Preliminary
262Meaning of “statutory undertakers”
263Meaning of “operational land”
264Cases in which land is to be treated as not being operational land
265Meaning of “the appropriate Minister”
Application of Part III to statutory undertakers
266Applications for planning permission by statutory undertakers
267Conditional grants of planning permission
268Development requiring authorisation of government department
269Revocation or modification of permission to develop operational land
270Order requiring discontinuance of use etc. of operational land
Extinguishment of rights of statutory undertakers, etc.
271Extinguishment of rights of statutory undertakers: preliminary notices
272Extinguishment of rights of telecommunica-tions code system operators: preliminary notices
273Notice for same purposes as ss. 271 and 272 but given by undertakers to developing authority
274Orders under ss. 271 and 272
Extension or modification of statutory undertakers' functions
275Extension or modification of functions of statutory undertakers
276Procedure in relation to orders under s. 275
277Relief of statutory undertakers from obligations rendered impracticable
278Objections to orders under ss. 275 and 277
Compensation
279Right to compensation in respect of certain decisions and orders
280Measure of compensation to statutory undertakers, etc
281Exclusion of s. 280 at option of statutory undertakers
282Procedure for assessing compensation
Advertisements
283Display of advertisements on operational land
Part XIIValidity
284Validity of development plans and certain orders, decisions and directions
285Validity of enforcement notices and similar notices
286Challenges to validity on ground of authority’s powers
287Proceedings for questioning validity of development plans and certain schemes and orders
288Proceedings for questioning the validity of other orders, decisions and directions
289Appeals to High Court relating to enforcement notices and notices under s. 207
290Appeals to High Court against decisions under s. 64
291Special provisions as to decisions relating to statutory undertakers
292Special provisions as to orders subject to special parliamentary procedure
Part XIIIApplication of Act to Crown Land
Preliminary
293Preliminary definitions
Application of Act as respects Crown land
294Control of development on Crown land: special enforcement notices
295Supplementary provisions as to special enforcement notices
296Exercise of powers in relation to Crown land
297Agreements relating to Crown land
298Supplementary provisions as to Crown and Duchy interests
Provisions relating to anticipated disposal of Crown land
299Application for planning permission etc. in anticipation of disposal of Crown land
300Tree preservation orders in anticipation of disposal of Crown land
301Requirement of planning permission for continuance of use instituted by the Crown
Enforcement in respect of war-time breaches of planning control by Crown
302Enforcement in respect of war-time breaches of planning control by the Crown
Part XIVFinancial Provisions
303Fees for planning applications, etc
304Grants for research and education
305Contributions by Ministers towards compensation paid by local authorities
306Contributions by local authorities and statutory undertakers
307Assistance for acquisition of property where objection made to blight notice in certain cases
308Recovery from acquiring authorities of sums paid by way of compensation
309Recovery from acquiring authorities of sums paid in respect of war-damaged land
310Sums recoverable from acquiring authorities reckonable for purposes of grant
311Expenses of government departments
312Payments under s. 59 of 1947 Act and Parts I and V of 1954 Act
313General provision as to receipts of Secretary of State
314Expenses of county councils
Part XVMiscellaneous and General Provisions
Application of Act in special cases
315Power to modify Act in relation to minerals
316Application of certain provisions to local planning authorities
317The British Coal Corporation
318Ecclesiastical property
319Application of Act to Isles of Scilly
Local inquiries and other hearings
320Local inquiries
321Planning inquiries to be held in public subject to certain exceptions
322Orders as to costs of parties where no local inquiry held
323Procedure on certain appeals and applications
Rights of entry
324Rights of entry
325Supplementary provisions as to rights of entry
Miscellaneous and general provisions
326Assumptions as to planning permission in determining value of interests in land
327Recovery on subsequent development of payments in respect of war-damaged land
328Settled land and land of universities and colleges
329Service of notices
330Power to require information as to interests in land
331Offences by corporations
332Combined applications
333Regulations and orders
334Licensing planning areas
335Act not excluded by special enactments
336Interpretation
337Short title, commencement and extent
SCHEDULES
SCHEDULE 1Local Planning Authorities: Distribution of Functions
Preliminary
1(1) In this Schedule “county matter” means in relation to...
Development plans
2The functions of a local planning authority under sections 30...
Planning and special control
3(1) The functions of a local planning authority of determining—...
4(1) Each of the following applications, namely—
5(1) The Secretary of State may include in a development...
6(1) A development order may also include provision requiring a...
7(1) It shall be the duty of a local planning...
8(1) Where a district planning authority or, in a metropolitan...
9(1) The functions of local planning authorities under the provisions...
10Elsewhere than in a National Park, the functions of a...
11(1) The functions of a local planning authority of—
12In sections 178(1), 181(4)(b) and 190(2) to (5) any reference...
13(1) A county planning authority may only make a tree...
14The functions of local planning authorities under sections 69, 211,...
15(1) The copy of the notice required to be served...
Compensation
16(1) Claims for payment of compensation under section 107 (including...
17Claims for payment of compensation under a tree preservation order...
18The local planning authority by whom compensation is to be...
The Crown
19(1) Elsewhere than in a metropolitan county or a National...
Miscellaneous
20(1) The local planning authority whom the Secretary of State...
21(1) Subject to sub-paragraph (2), the provisions of this Schedule...
SCHEDULE 2Development Plans: Transitional Provisions
Part IThe Metropolitan Counties
Continuation of structure plans, local plans and old development plans
1(1) Subject to paragraphs 2 and 3—
Revocation of structure plan
2(1) Where under Chapter I of Part II of this...
Local plans until commencement of Chapter I of Part II
3(1) Until the coming into force of Chapter I of...
Incorporation of current local plan in unitary development plan
4(1) A unitary development plan shall include any local plan...
Publicity in connection with local plan
5In determining the steps to be taken by a local...
Pending proposals by metropolitan county council
6Where before 1st April 1986 the Secretary of State directed...
Part IIGreater London
Continuation of Greater London Development Plan, local plans and old development plans
1(1) Subject to paragraphs 2 and 3—
Revocation of Greater London Development Plan
2(1) Where under Chapter I of Part II of this...
Surveys and local plans
3(1) Until the coming into force of Chapter I of...
4(1) A London borough council may at any time, if...
5(1) In this paragraph— “action area” means any area indicated...
6(1) Without prejudice to the previous provisions, a London borough...
7(1) This paragraph shall apply with respect to any local...
8(1) Where a London borough council propose to prepare a...
9(1) For the purpose of considering objections made to a...
10(1) After the expiry of the period given for making...
11(1) If, on considering the statement submitted with, and the...
12(1) A local planning authority may at any time make...
Joint plans
13(1) The following provisions of this paragraph have effect where...
14It shall fall to each of the local planning authorities...
15Where a local plan has been prepared jointly, the power...
16The date appointed under section 53(5) for the coming into...
Incorporation of current local plan in unitary development plan
17(1) A unitary development plan shall include any local plan...
Publicity in connection with local plan
18In determining the steps to be taken by a local...
Part IIIOld Development Plans
Preliminary
1In this Part of this Schedule “old development plan” means...
Continuation in force of old development plans
2Any old development plan which immediately before the commencement of...
Other plans to prevail over old development plans
3Subject to the following provisions of this Part of this...
Street authorisation maps
4Where immediately before the commencement of this Act a street...
Development plans for compensation purposes
5Where there is no local plan in force in a...
Discontinuance of old development plan on adoption of local plan
6Subject to paragraph 8, on the adoption or approval of...
7The Secretary of State may by order direct that any...
8If the Secretary of State makes an order under paragraph...
9Subject to paragraph 10, the Secretary of State may by...
10Before making an order with respect to a development plan...
SCHEDULE 3Development Not Constituting New Development
Part IDevelopment Not Ranking For Compensation Under s. 114
1The carrying out of— (a) the rebuilding, as often as...
2The use as two or more separate dwellinghouses of any...
Part IIDevelopment ranking for compensation under s. 114
3The enlargement, improvement or other alteration, as often as may...
4(1) The carrying out, on land which was used for...
5The winning and working, on land held or occupied with...
6In the case of a building or other land which—...
7In the case of any building or other land which...
8The deposit of waste materials or refuse in connection with...
Part IIISupplementary Provisions
9Where after 1st July 1948— (a) any buildings or works...
10(1) Any reference in this Schedule to the cubic content...
11For the purposes of paragraph 3— (a) the erection, on...
12(1) In this Schedule “at a material date” means at...
13(1) In relation to a building erected after 1st July...
14(1) In the application of this Schedule for the purposes...
SCHEDULE 4Special provisions as to land use in 1948
1Where on lst July 1948 land was being temporarily used...
2Where on 1st July 1948 land was normally used for...
3Where land was unoccupied on 1st July 1948, but had...
4Notwithstanding anything in paragraphs 1 to 3, the use of...
SCHEDULE 5Conditions relating to Mineral Working
Part IConditions imposed on Grant of Permission
Duration of development
1(1) Every planning permission for development consisting of the winning...
Power to impose aftercare conditions
2(1) Where— (a) planning permission for development consisting of the...
Meaning of “required standard”
3(1) In a case where— (a) the use specified in...
Consultations
4(1) Before imposing an aftercare condition, the mineral planning authority...
Certificate of compliance
5If, on the application of any person with an interest...
Recovery of expenses of compliance
6A person who has complied with an aftercare condition but...
Part IIConditions imposed on Revocation or Modification of Permission
7An order under section 97 may in relation to planning...
8Paragraphs 2(3) to (9) and 3 to 6 shall apply...
SCHEDULE 6Determination of Certain Appeals by Person Appointed by Secretary of State
Determination of appeals by appointed person
1(1) The Secretary of State may by regulations prescribe classes...
Powers and duties of appointed person
2(1) An appointed person shall have the same powers and...
Determination of appeals by Secretary of State
3(1) The Secretary of State may, if he thinks fit,...
4(1) The Secretary of State may by a further direction...
Appointment of another person to determine appeal
5(1) At any time before the appointed person has determined...
Local inquiries and hearings
6(1) Whether or not the parties to an appeal have...
Supplementary provisions
7If before or during the determination of an appeal under...
8(1) The Tribunals and Inquiries Act 1971 shall apply to...
SCHEDULE 7Simplified Planning Zones
General
1(1) A simplified planning zone scheme shall consist of a...
Notification of proposals to make or alter scheme
2An authority who decide under section 83(2) to make or...
Power of Secretary of State to direct making or alteration of scheme
3(1) If a person requests a local planning authority to...
4(1) A simplified planning zone direction is—
Publicity and consultations: general
5(1) A local planning authority who propose to make or...
Publicity and consultations: short procedure for certain alterations
6(1) Where a local planning authority propose to alter a...
Powers of Secretary of State to secure adequate publicity and consultations
7(1) The documents sent by the local planning authority to...
Objections: local inquiry or other hearing
8(1) The local planning authority may cause a local inquiry...
Adoption of proposals by local planning authority
9(1) The local planning authority shall consider any objections to...
Calling in of proposals for approval by Secretary of State
10(1) Before the proposals have been adopted by the local...
Approval of proposals by Secretary of State
11(1) The Secretary of State may after considering proposals submitted...
Default powers
12(1) Where by virtue of any of the previous provisions...
Regulations and directions
13(1) Without prejudice to the previous provisions of this Schedule,...
SCHEDULE 8Planning Inquiry Commissions
Part IConstitution and Procedure on References
Constitution of Commissions
1(1) A Planning Inquiry Commission shall consist of a chairman...
Reference to a Planning Inquiry Commission
2(1) Two or more of the matters mentioned in section...
Functions of Planning Inquiry Commission on reference
3(1) A commission inquiring into a matter referred to them...
Procedure on reference to a Planning Inquiry Commission
4(1) A reference to a Planning Inquiry Commission of a...
Local inquiries held by Planning Inquiry Commission
5(1) A Planning Inquiry Commission shall, for the purpose of...
Part IIMeaning of “the responsible Minister or Ministers”
6In relation to the matters specified in the first column...
7Where an entry in the second, third or fourth columns...
SCHEDULE 9Requirements relating to Discontinuance of Mineral Working
Orders requiring discontinuance of mineral working
1(1) If, having regard to the development plan and to...
2(1) Where development consisting of the winning and working of...
Prohibition of resumption of mineral working
3(1) Where it appears to the mineral planning authority—
4(1) An order under paragraph 3 shall not take effect...
Orders after suspension of winning and working of minerals
5(1) Where it appears to the mineral planning authority—
Supplementary suspension orders
6(1) At any time when a suspension order is in...
Confirmation and coming into operation of suspension orders
7(1) Subject to sub-paragraph (2), a suspension order or a...
Registration of suspension orders as local land charges
8A suspension order or a supplementary suspension order shall be...
Review of suspension orders
9(1) It shall be the duty of a mineral planning...
Resumption of mineral working after suspension order
10(1) Subject to sub-paragraph (2), nothing in a suspension order...
Default powers of Secretary of State
11(1) If it appears to the Secretary of State to...
SCHEDULE 10Condition treated as applicable to rebuilding and alterations
1Where the building to be rebuilt or altered is the...
2Where the building to be rebuilt or altered is not...
3In determining under this Schedule the purpose for which floor...
4(1) For the purposes of this Schedule gross floor space...
5In relation to a building erected after 1st July 1948...
SCHEDULE 11Compensation in respect of certain orders affecting mineral working
Power to modify compensation provisions
1(1) The Secretary of State may by regulations made with...
Circumstances in which mineral compensation modifications apply
2Where— (a) an order under section 97 modifies planning permission...
3Where mineral compensation requirements are satisfied in relation to an...
Mineral compensation requirements
4(1) Subject to sub-paragraph (3), mineral compensation requirements are satisfied...
5Subject to paragraph 9, mineral compensation requirements are satisfied in...
6Subject to paragraph 9, mineral compensation requirements are satisfied in...
7Mineral compensation requirements are satisfied in relation to an order...
8The conditions mentioned in paragraphs 5(b), 6 and 7 are—...
9Where the mineral planning authority— (a) make—
Restriction on the winning and working of minerals
10(1) In this Schedule “restriction on the winning and working...
Relevant order
11In this Schedule “relevant order”, in relation to any land,...
Special consultations
12(1) Any reference in this Schedule to a mineral planning...
Determination of claims
13The references in section 118 to questions of disputed compensation...
SCHEDULE 12Unexpended Balance of Established Development Value
Derivation of unexpended balance from claims under Part VI of 1947 Act
1(1) In determining for the purposes of this Part whether...
Original unexpended balance of established development value
2(1) In this Part “original unexpended balance of established development...
Claim holdings: their areas and values
3(1) Subject to this paragraph and to paragraph 4, in...
Adjustment of claim holdings: preliminary
4(1) Paragraphs 5 to 11 shall have effect with respect...
Adjustment of claim holdings pledged to Central Land Board as security for development charges
5(1) Where a claim holding was pledged to the Central...
6(1) In paragraph 5 and this paragraph references to the...
Adjustment by reference to payments in respect of war-damaged land
7(1) This paragraph shall have effect where a payment under...
Adjustment in cases of partial disposition of claim holdings
8(1) This paragraph shall have effect where, by virtue of...
Adjustment in respect of payments under Part I of 1954 Act
9(1) This paragraph shall have effect where, by virtue of...
Adjustment in respect of compensation under Part V of 1954 Act
10(1) Where compensation under Part V of the 1954 Act...
Adjustment of claim holdings: supplementary provisions
11(1) Where in accordance with any of paragraphs 5 to...
General provision for continuance of original unexpended balance
12Where in accordance with paragraph 2 land had an original...
Reduction or extinguishment of balance in consequence of compensation
13(1) Where at any time compensation becomes payable under this...
Reduction or extinguishment of balance on initiation of new development
14(1) Where in accordance with paragraph 2 land had an...
Calculation of value of previous development of land
15(1) Where for the purposes of paragraph 14 the value...
Reduction or extinguishment of balance on acquisition under compulsory powers
16(1) Where in the case of— (a) a compulsory acquisition...
Apportionment of unexpended balance of established development value
17(1) Where, in the case of a compulsory acquisition to...
Reduction or extinguishment of balance in consequence of severance or injurious affection
18(1) Where in connection with— (a) a compulsory acquisition to...
Supplementary provisions as to deductions from original balance
19(1) Where, immediately after the time when the adjustment of...
Provision of information relating to unexpended balance
20(1) Subject to this paragraph, the Secretary of State shall,...
SCHEDULE 13Blighted Land
Land allocated for public authority functions in development plans etc.
1Land indicated in a structure plan in force for the...
2Land which— (a) is allocated for the purposes of any...
3Land indicated in a unitary development plan in force for...
4Land which by a unitary development plan is allocated for...
5Land indicated in a plan (other than a development plan)...
6Land in respect of which a local planning authority—
New towns and urban development areas
7Land within an area described as the site of a...
8Land within an area designated as the site of a...
9Land which is— (a) within an area intended to be...
Clearance and renewal areas
10Land within an area declared to be a clearance area...
11Land which— (a) is surrounded by or adjoining an area...
12Land indicated by information published in pursuance of section 92...
Highways
13Land indicated in a development plan (otherwise than by being...
14Land on or adjacent to the line of a highway...
15Land shown on plans approved by a resolution of a...
16Land on which the Secretary of State proposes to provide...
17Land shown on plans approved by a resolution of a...
18Land shown in a written notice given by the Secretary...
New streets
19Land which— (a) either— (i) is within the outer lines...
General improvement areas
20Land indicated by information published in pursuance of section 257...
Compulsory purchase
21Land authorised by a special enactment to be compulsorily acquired,...
22Land in respect of which— (a) a compulsory purchase order...
SCHEDULE 14Procedure for footpaths and bridleways orders
Part IConfirmation of orders
1(1) Before an order under section 257 or 258 is...
2If no representations or objections are duly made, or if...
3(1) This paragraph applies where any representation or objection which...
4(1) A decision of the Secretary of State under paragraph...
5(1) The Secretary of State shall not confirm an order...
6Regulations under this Act may, subject to this Part of...
Part IIPublicity for orders after confirmation
7(1) As soon as possible after an order under section...
8Where an order under section 257 or 258 has come...
SCHEDULE 15Preliminary
1In this Schedule an application under section 302(3) and a...
Making of compliance determination applications
2(1) A compliance determination application may be made with respect...
3A compliance determination application shall be accompanied by such plans...
4(1) The authority to whom a compliance determination application is...
Determination of applications
5(1) Where a compliance determination application is made to an...
Appeals against compliance determinations or failure to make such determinations
6(1) Where the applicant is aggrieved by a compliance determination,...
7(1) On such an appeal the Secretary of State may...
8Subject to paragraph 9 and to any determination or decision...
Fresh applications where alteration in circumstances
9Where a compliance determination has been given that works on...
References of application to Secretary of State
10(1) If it appears to the Secretary of State that...
Information
11The Secretary of State may give directions to any authority...
Opportunity for hearing
12On any compliance determination application or any appeal under this...
Notice of proposed enforcement
13(1) This paragraph applies where before the relevant date any...
Power of entry
14(1) At any time before the relevant date any officer...
Service of notices
15(1) Any notice or other document required or authorised to...
Supplementary provisions
16Parts XIV and XV do not apply to section 302...
SCHEDULE 16Provisions of the Planning Acts referred to in Sections 314 to 319
Part I
Part II
Part III
Part IV
Part V
Part VI
SCHEDULE 17Enactments Exempted from Section 333(6)
1Section 107 of the Public Health Act 1936.
2The following provisions of the Highways Act 1980— section 73(1)...
3The following further provisions of the Highways Act 1980—
4Section 279 of the Highways Act 1980 so far as...
5Any enactment making such provision as might by virtue of...
6Any enactment which has been previously excluded or modified by...
Table of Derivations
1Notes:
2The Table does not show the effect of transfer of...
3The letter R followed by a number indicates that the...
4The entry “drafting” indicates a provision of a mechanical or...

Town and Country Planning Act 1990

1990 Chapter 8

An Act to consolidate certain enactments relating to town and country planning (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances) with amendments to give effect to recommendations of the Law Commission.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—