Town and Country Planning Act 1990

336 Interpretation

(1) In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section and to any transitional provision made by the Planning (Consequential Provisions) Act 1990—

• “the 1944 Act” means the Town and Country Planning Act 1944;

• “the 1947 Act” means the [1947 c. 51.] Town and Country Planning Act 1947;

• “the 1954 Act” means the [1954 c. 72.] Town and Country Planning Act 1954;

• “the 1959 Act” means the [1959 c. 53.] Town and Country Planning Act 1959;

• “the 1962 Act” means the [1962 c. 38.] Town and Country Planning Act 1962;

• “the 1968 Act” means the [1968 c. 72.] Town and Country Planning Act 1968;

• “the 1971 Act” means the [1971 c. 78.] Town and Country Planning Act 1971;

• “acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;

• “advertisement” means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the previous provisions of this definition) includes any hoarding or similar structure used, or adapted for use, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

• “aftercare condition” has the meaning given in paragraph 2(2) of Schedule 5;

• “aftercare scheme” has the meaning given in paragraph 2(3) of Schedule 5;

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

• “the appropriate Minister” has the meaning given in section 265;

• “authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected or a body (being a parish council, community council or parish meeting) on whose behalf a district council or county council could be or have been so authorised;

• “authority to whom Part II of the 1959 Act applies” means a body of any of the descriptions specified in Part I of Schedule 4 to the 1959 Act;

• “bridleway” has the same meaning as in the [1980 c. 66.] Highways Act 1980;

• “the Broads” has the same meaning as in the [1988 c. 4.] Norfolk and Suffolk Broads Act 1988;

• “building” includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;

• “buildings or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly;

• “building operations” includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder;

• “caravan site” has the meaning given in section 1(4) of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960;

• “clearing”, in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation to it as may be prescribed;

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

• “compulsory acquisition” does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;

• “conservation area” means an area designated under section 69 of the Planning [1990 c. 9.] (Listed Buildings and Conservation Areas) Act 1990;

• “development” has the meaning given in section 55, and “develop” shall be construed accordingly;

• “development consisting of the winning and working of minerals” includes the extraction of minerals from a mineral-working deposit;

• “development order” has the meaning given in section 59;

• “development plan” shall be construed in accordance with sections 27 and 54 (but subject to the transitional provisions in Schedule 2);

• “disposal” means disposal by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other manner, except by way of appropriation, gift or mortgage, and “dispose of” shall be construed accordingly;

• “enactment” includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament;

• “enforcement notice” means a notice under section 172;

• “engineering operations” includes the formation or laying out of means of access to highways;

• “enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission in accordance with section 88;

• “erection”, in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;

• “established use certificate” has the meaning given in section 192;

• “footpath” has the same meaning as in the [1980 c. 66.] Highways Act 1980;

• “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “functions” includes powers and duties;

• “government department” includes any Minister of the Crown;

• “the Greater London Development Plan” means the development plan submitted to the Minister of Housing and Local Government under section 25 of the [1963 c. 33.] London Government Act 1963 and approved by the Secretary of State under section 5 of the 1962 Act or the corresponding provision of the 1971 Act;

• “highway” has the same meaning as in the [1980 c. 66.] Highways Act 1980 ;

• “improvement”, in relation to a highway, has the same meaning as in the Highways Act 1980;

• “joint planning board” has the meaning given in section 2;

• “land” means any corporeal hereditament, including a building, and, in relation to the acquisition of land under Part IX, includes any interest in or right over land;

• “lease” includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage, and “leasehold interest” means the interest of the tenant under a lease as so defined;

• “local authority” (except in section 252 and subject to subsection (10)) means—

  (a)

  a charging authority, a precepting authority (except the Receiver for the Metropolitan Police District), a combined police authority or a combined fire authority, as those expressions are defined in section 144 of the [1988 c. 41.] Local Government Finance Act 1988;

  (b)

  a levying body within the meaning of section 74 of that Act; and

  (c)

  a body as regards which section 75 of that Act applies;

and includes any joint board or joint committee if all the constituent authorities are local authorities within paragraph (a), (b) or (c);

• “local highway authority” means a highway authority other than the Secretary of State;

• “local planning authority” shall be construed in accordance with Part I;

• “London borough” includes the City of London, references to the council of a London borough or the clerk to such a council being construed, in relation to the City, as references to the Common Council of the City and the town clerk of the City respectively;

• “means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;

• “mineral compensation modifications” has the meaning given in paragraph 1 of Schedule 11;

• “mineral planning authority” has the meaning given in section 1(4);

• “mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;

• “minerals” includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale;

• “Minister” means any Minister of the Crown or other government department;

• “mortgage” includes any charge or lien on any property for securing money or money’s worth;

• “new development” has the meaning given in section 55(6);

• “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

• “operational land” has the meaning given in section 263;

• “owner”, in relation to any land, means (except in sections 66, 67 and 71) a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

• “the planning Acts” means this Act, the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990, the [1990 c. 10.] Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990;

• “planning decision” means a decision made on an application under Part III;

• “planning permission” means permission under Part III, and in construing references to planning permission to develop land or to carry out any development of land, or to applications for such permission, regard shall be had to section 63(3) and (5);

• “planning permission granted for a limited period” has the meaning given in section 72(2);

• “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

• “previous apportionment”, in relation to an apportionment for any of the purposes of the relevant provisions, means an apportionment made before the apportionment in question, being—

  (a)

  an apportionment for any of the purposes of the relevant provisions as made, confirmed or varied by the Lands Tribunal on a reference to that Tribunal; or

  (b)

  an apportionment for any of those purposes which might have been referred to the Lands Tribunal by virtue of any of the relevant provisions, where the time for such a reference has expired without its being required to be so referred or where, after it had been so referred, the reference was withdrawn before the Tribunal gave their decision on it; or

  (c)

  an apportionment made by or with the approval of the Central Land Board in connection with the approval by the Board under section 2(2) of the [1953 c. 16.] Town and Country Planning Act 1953 of an assignment of part of the benefit of an established claim (as defined by paragraph 1(4) of Schedule 12 to this Act),

  and in this definition “the relevant provisions” means any of the provisions of Part V of this Act, or of Part VII of the 1971 Act, or of Part VI of the 1962 Act, any of those provisions as applied by any other provision of this Act or of those Acts, and any of the provisions of the 1954 Act;

• “public gas supplier” has the same meaning as in Part I of the [1986 c. 44.] Gas Act 1986;

• “purchase notice” has the meaning given in section 137;

• “relevant order” has the meaning given in paragraph 11 of Schedule 11;

• “replacement of open space”, in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;

• “restoration condition” has the meaning given in paragraph 2(2) of Schedule 5;

• “restriction on the winning and working of minerals” has the meaning given in paragraph 10 of Schedule 11;

• “simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with sections 82 and 83;

• “special consultations” has the meaning given in paragraph 12 of Schedule 11;

• “statutory undertakers” and “statutory undertaking” have the meanings given in section 262;

• “steps for the protection of the environment” has the meaning given in paragraph 5(4) of Schedule 9;

• “stop notice” has the meaning given in section 183;

• “suspension order” has the meaning given in paragraph 5 of Schedule 9; and

• “supplementary suspension order” has the meaning given in paragraph 6 of Schedule 9;

• “tenancy” has the same meaning as in the [1954 c. 56.] Landlord and Tenant Act 1954 ;

• “tree preservation order” has the meaning given in section 198;

• “urban development area” and “urban development corporation” have the same meanings as in Part XVI of the [1980 c. 65.] Local Government, Planning and Land Act 1980;

• “use”, in relation to land, does not include the use of land for the carrying out of any building or other operations on it;

• “Valuation Office” means the Valuation Office of the Inland Revenue Department;

• “war damage” has the meaning given in the [1943 c. 21.] War Damage Act 1943.

(2) If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(3) If any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

(4) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(5) With respect to references in this Act to planning decisions—

(a) in relation to a decision altered on appeal by the reversal or variation of the whole or part of it, such references shall be construed as references to the decision as so altered;

(b) in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Secretary of State on the appeal;

(c) in relation to a decision given on an appeal in the circumstances mentioned in section 78(2), such references shall be construed as references to the decision so given;

(d) the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the local planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 78(2), the end of the period there mentioned.

(6) Section 56 shall apply for determining for the purposes of this Act when development of land shall be taken to be initiated.

(7) In relation to the sale or acquisition of an interest in land—

(a) in a case where the interest is or was conveyed or assigned without a preliminary contract, references in this Act to a contract are references to the conveyance or assignment; and

(b) references to the making of a contract are references to the execution of it.

(8) In this Act—

(a) references to a person from whom title is derived by another person include references to any predecessor in title of that other person;

(b) references to a person deriving title from another person include references to any successor in title of that other person;

(c) references to deriving title are references to deriving title either directly or indirectly.

(9) References in the planning Acts to any of the provisions in Part V of Schedule 16 include, except where the context otherwise requires, references to those provisions as modified under section 316(1) to (3).

(10) In section 90, Chapter I of Part VI, and sections 324(2) and 330 “local authority”, in relation to land in the Broads, includes the Broads Authority.