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Planning (Listed Buildings and Conservation Areas) Act 1990

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Planning (Listed Buildings and Conservation Areas) Act 1990, Part III is up to date with all changes known to be in force on or before 15 December 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part IIIE+W General

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Modifications etc. (not altering text)

C1Part III modified and extended (17.7.1992) by S.I. 1992/1732, art.2

Authorities exercising functions under ActE+W

81 Authorities exercising functions under Act.E+W

In this Act “local planning authority” shall be construed in accordance with Part I of the principal Act and Schedule 4 to this Act (which makes further provision as to the exercise of functions under this Act).

[F1Power to decline to determine applicationE+W

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Amendments (Textual)

F1Ss. 81A, 81B and cross-heading inserted (24.8.2005 for E. except so far as relates to the insertion of s. 81B, 6.4.2009 for E. for that excepted purpose, otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(3), 121(1) (with ss. 43(5), 111); S.I. 2005/2081, art 2(a)(iii); S.I. 2009/384, art. 2(c)

81APower to decline to determine subsequent applicationE+W

(1)A local planning authority may decline to determine an application for a relevant consent if—

(a)one or more of the conditions in subsections (2) to (4) is satisfied, and

(b)the authority think there has been no significant change in any material considerations since the relevant event.

(2)The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 12.

(3)The condition is that in that period the Secretary of State has dismissed an appeal—

(a)against the refusal of a similar application, or

(b)under section 20(2) in respect of a similar application.

(4)The condition is that—

(a)in that period the local planning authority have refused more than one similar application, and

(b)there has been no appeal to the Secretary of State against any such refusal [F2or, if there has been such an appeal, it has been withdrawn].

(5)Relevant consent is—

(a)listed building consent, or

(b)conservation area consent.

(6)The relevant event is—

(a)for the purposes of subsections (2) and (4) the refusal of the similar application;

(b)for the purposes of subsection (3) the dismissal of the appeal.

(7)An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

(8)For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.

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Amendments (Textual)

F2Words in s. 81A(4)(b) inserted (6.4.2009 for E., otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241(8), Sch 7 para. 5 (with s. 226); S.I. 2009/400, art. 5(b)

Modifications etc. (not altering text)

C3S. 81A(2) applied (with modifications) by S.I. 2013/2140, Sch. 3 para. 3 (as inserted (E.) (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 8)

81BPower to decline to determine overlapping applicationE+W

(1)A local planning authority may decline to determine an application for a relevant consent which is

[F3(a)made on the same day as a similar application, or

(b)] made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.

(2)The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.

(3)The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.

(4)The condition is that a similar application—

(a)has been granted by the local planning authority,

(b)has been refused by them, or

(c)has not been determined by them within the determination period,

and the time within which an appeal could be made to the Secretary of State under section 20 has not expired.

[F4(4A)If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.]

(5)Relevant consent is—

(a)listed building consent, or

(b)conservation area consent.

(6)An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

(7)The determination period is—

(a)the period prescribed for the determination of the application, or

(b)such longer period as the applicant and the authority have agreed for the determination of the application.

(8)For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.]

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Amendments (Textual)

F3Words in s. 81B(1) inserted (6.4.2009 for E., otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241(8), Sch 7 para. 6(2) (with s. 226); S.I. 2009/400, art. 5(b)

F4S. 81B(4A) inserted (6.4.2009 for E., otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241(8), Sch 7 para. 6(3) (with s. 226); S.I. 2009/400, art. 5(b)

Modifications etc. (not altering text)

C4S. 81B(3) applied (with modifications) by S.I. 2013/2140, Sch. 3 para. 4 (as inserted (E.) (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 8)

Special casesE+W

82 Application of Act to land and works of local planning authorities.E+W

(1)In relation to land of a local planning authority, section 1(1), (2) and (4) and sections 2 [F5to 2D,] , [F6and 39(6)][F741(8)], shall have effect subject to such exceptions and modifications as may be prescribed.

(2)The provisions mentioned in subsection (3) shall have effect for the purpose of applications by local planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed.

(3)Those provisions are sections 1(3), (5) and (6), [F82B, 2C,] 3 to 5, 7 [F9to 26, 28, [F1028B,] 29], 32 to 50 (except [F11section 39(6)]), 60(1) to (4) (as it applies as respects the provisions mentioned in this subsection), 62 to 65, 67(2)(b), (6) and (7), 73(1), Schedules 1 [F12, 1A] and 2, paragraph 2 of Schedule 4 (as it applies to Schedule 1) and paragraph 4(1) of Schedule 4 (as it applies as respects the provisions mentioned in this subsection).

(4)Regulations under this section may in particular provide—

(a)for the making of applications for listed building consent to the Secretary of State; and

(b)for the issue or service by him of notices under section 2(3) and the provisions mentioned in subsection (3).

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Amendments (Textual)

F7 “41(8)” inserted (temp.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 10 (which temp. insertion ceases to have effect (2.1.1992 for specified purposes and 6.4.2009 for further specified purposes) by virtue of S.I. 1991/2698, art. 3 (with art. 4); S.I. 2009/849, art. 2 (with art. 3))

Modifications etc. (not altering text)

C5S. 82(1)(4)(b) applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))

C6S. 82(2)–(4) applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C8S. 82(1)(2)(3)(4)(a)(b) applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))

[F13 82A Application to the CrownE+W

(1)This Act (except the provisions specified in subsection (2)) binds the Crown.

(2)These are the provisions—

(a)section 9;

(b)section 11(6);

(c)section 21(7);

[F14(ca)section 26J;]

(d)section 42(1), (5) and (6);

(e)section 43;

(f)section 44A;

[F15(fa)section 44C;]

(g)section 54;

(h)section 55;

(i)section 59;

(j)section 88A.

(3)But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 9(3)(a) to (d) and the doing of that thing does not contravene section 7.]

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Amendments (Textual)

F13S. 82A inserted (6.8.2004 for specified purposes, otherwise 7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79(2), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(a)

Modifications etc. (not altering text)

[F16 82B Urgent works relating to Crown land: applicationE+W

(1)This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies—

(a)that the works are of national importance, and

(b)that it is necessary that the works are carried out as a matter of urgency.

(2)The appropriate authority may, instead of making an application for consent to the local planning authority in accordance with this Act, make an application for consent to the Secretary of State under this section.

(3)If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the building a notice—

(a)describing the proposed works, and

(b)stating that the authority proposes to make the application to the Secretary of State.

(4)For the purposes of an application under this section the appropriate authority must provide to the Secretary of State a statement of the authority’s grounds for making the application.

(5)If the appropriate authority makes an application under this section subsections (6) to (9) below apply.

(6)The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application.

(7)As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.

(8)The Secretary of State must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection.

(9)The Secretary of State must consult—

(a)the local planning authority for the area to which the proposed development relates, and

(b)such other persons as may be prescribed,

about the application.

(10)Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under paragraph 6(6) of Schedule 3 (matters related to national security).

(11)Subsections (4) and (5) of section 12 apply to an application under this section as they apply to an application in respect of which a direction under section 12 has effect.]

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Amendments (Textual)

F16S. 82B inserted (6.8.2004 for specified purposes, otherwise 7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 83(1), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(a)

Modifications etc. (not altering text)

[F17 82C Expressions relating to the CrownE+W

(1)In this Act, expressions relating to the Crown must be construed in accordance with this section.

(2)Crown land is land in which there is a Crown interest or a Duchy interest.

(3)A Crown interest is any of the following—

(a)an interest belonging to Her Majesty in right of the Crown or in right of Her private estates;

(b)an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

(c)such other interest as the Secretary of State specifies by order.

(4)A Duchy interest is—

(a)an interest belonging to Her Majesty in right of the Duchy of Lancaster, or

(b)an interest belonging to the Duchy of Cornwall.

(5)A private interest is an interest which is neither a Crown interest nor a Duchy interest.

(6)The appropriate authority in relation to any land is—

(a)in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

(b)in relation to any other land belonging to Her Majesty in right of the Crown, the government department having the management of the land;

(c)in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;

(d)in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(e)in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy, appoints;

(f)in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department;

(g)in relation to Westminster Hall and the Chapel of St Mary Undercroft, the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;

(h)in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, the Lord Great Chamberlain.

(7)If any question arises as to what authority is the appropriate authority in relation to any land it must be referred to the Treasury, whose decision is final.

(8)For the purposes of an application for listed building consent made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application.

(9)For the purposes of subsection (8) the Crown includes—

(a)the Duchy of Lancaster;

(b)the Duchy of Cornwall;

(c)a person who is an appropriate authority by virtue of subsection (6)(g) and (h).

(10)The reference to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862.

(11)An order made for the purposes of paragraph (c) of subsection (3) must be made by statutory instrument.

(12)But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.]

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Amendments (Textual)

F17S. 82C inserted (6.8.2004 for specified purposes, otherwise 7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79(4), 121(1), Sch. 3 para. 7 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(c)

Modifications etc. (not altering text)

[F18 82D Enforcement in relation to the CrownE+W

(1)No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.

(2)A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

(3)The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.

(4)A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

(5)A step taken for the purposes of enforcement includes—

(a)entering land;

(b)bringing proceedings;

(c)the making of an application.

(6)A step taken for the purposes of enforcement does not include—

(a)service of a notice;

(b)the making of an order (other than by a court).

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Amendments (Textual)

Modifications etc. (not altering text)

82EReferences to an interest in landE+W

(1)Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest.

(2)Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.

(3)An interest in land includes an interest only as occupier of the land.]

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Amendments (Textual)

[F1982FApplications for listed building or conservation area consent by CrownE+W

(1)This section applies to an application for listed building consent or conservation area consent made by or on behalf of the Crown.

(2)The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

(3)A statutory provision is a provision contained in or having effect under any enactment.]

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Amendments (Textual)

F19S. 82F inserted (6.8.2004 for specified purposes, otherwise 7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79(4), 121(1), Sch. 3 para. 11 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(c)

Modifications etc. (not altering text)

C12S. 82F(2) applied (with modifications) by S.I. 2013/2140, Sch. 3 para. 5 (as inserted (E.) (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 8)

83 Exercise of powers in relation to Crown land.E+W

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

84 Application for listed building or conservation area consent in anticipation of disposal of Crown land.E+W

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2285. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

86 Ecclesiastical property.E+W

(1)Without prejudice to the provisions of the M1Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the [F23Diocesan Board of Finance for the diocese in which the land is situated].

(2)[F24Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant]

(a)if the property is situated in England, then for the purposes of section 11, this subsection (other than paragraph (b)) and sections 62, 63 and 83(1) and any other provisions of this Act so far as they apply or have effect for the purposes of any of those provisions, [F25it] shall be treated as being vested in the [F23Diocesan Board of Finance for the diocese in which the land is situated];

(b)in any case, [F25it] shall, for the purposes of a compulsory acquisition of the property under section 47, be treated as being vested in the Church Commissioners, and any notice to treat shall be served, or be deemed to have been served, accordingly.

(3)Any compensation payable under section 29 in respect of land which is ecclesiastical property [F26shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated][F27and shall F28. . . ] be applied by [F29it] for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.

(4)In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice [F30of the Church of England], or being or forming part of a church subject to the jurisdiction of a bishop of any diocese [F31of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction . . . F32.

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Amendments (Textual)

F23Words in s. 86(1)(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(a); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York

F24Words in s. 86(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(b); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York

F25Words in s. 86(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(b); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York

F26Words in s. 86(3) substituted for s. 86(3)(a)(b) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(c); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York

F28Words in s. 86(3) omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(c); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York

F29Word in s. 86(3) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(c); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York

F30Words in s. 86(4) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(d); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York

F31Words in s. 86(4) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(d); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York

F32Words in s. 86(4) omitted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), ss. 14, 16(2), Sch. 5 para. 27(d); Instrument 2006 No. 2 made by the Archbishops of Canterbury and York

Modifications etc. (not altering text)

C13S. 86 applied in part (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))

Marginal Citations

87 Settled land.E+W

The classes of works specified in Part II of Schedule 3 to the M2Settled Land Act 1925 (which specifies improvements which may be paid for out of capital money, subject to provisions under which repayment out of income may be required to be made) shall include works specified by the Secretary of State as being required for properly maintaining a listed building which is settled land within the meaning of that Act.

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Modifications etc. (not altering text)

C14S. 87 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))

Marginal Citations

Miscellaneous provisionsE+W

88 Rights of entry.E+W

(1)Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying any building on it [F33or any other land] in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 1.

(2)Any person duly authorised in writing by the Secretary of State, a local planning authority or, where the authorisation relates to a building situated in Greater London, the Commission may at any reasonable time enter any land for any of the following purposes—

(a)surveying it [F34or any other land] in connection with any proposal by the authority or the Secretary of State to make, issue or serve any order or notice under any of the provisions of sections 1 to 26, 38, 40, 46, 54, 55, 60, 68, 75 or 76 or under any order or regulations made under any of them, or any notice under section 48;

(b)ascertaining whether any such order or notice has been complied with [F35in relation to the land or any other land];

(c)ascertaining whether an offence has been, or is being, committed with respect to any building on the land [F36or any other land], under section 9, 11 [F37, 26J] or 43;

(d)ascertaining whether any [F38building on the land or any other land] is being maintained in a proper state of repair.

(3)Any person duly authorised in writing by the Secretary of State, a local authority or, where the authorisation relates to a building situated in Greater London, the Commission may at any reasonable time enter any land for any of the following purposes—

(a)ascertaining whether an offence has been or is being committed under section 59 [F39in relation to the land or any other land];

(b)ascertaining whether any of the functions conferred by section 54 should or may be exercised in connection with the land [F40or any other land]; or

(c)exercising any of those functions in conn ection with the land [F40or any other land].

[F41(3A)Any person duly authorised in writing by a local planning authority in Wales may at any reasonable time enter any land for any of the following purposes—

(a)securing the display of a temporary stop notice (see section 44B);

(b)ascertaining whether a temporary stop notice is being complied with;

(c)considering any claim for compensation under section 44D.]

(4)Any person who is an officer of the Valuation Office or is duly authorised in writing by a local planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation payable by the authority under section F42 . . . 28 [F43, 28B] [F44, 29 or 44D] in respect of any land.

F45(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Subject to [F46section 88B(8)], any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil F47 . . ..

F48(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F42S. 88(4): "27" repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(6) and 84(4), Schs. 6 para. 46, 19 Pt. II; S.I. 1991/2067, art. 3

F44Words in s. 88(4) substituted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 29(5), 41(2)

F47Words in s. 88(6) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 25, 84(6) Schs. 3 Pt. II para. 25, 19 Pt.I; S.I. 1991/2905, art.3 Sch. 2

F48For s. 88(7) there is substituted (2.1.1992) ss. 88A and 88B by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. I para. 9(2); S.I. 1991/2905, art.3

Modifications etc. (not altering text)

C15Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.

S. 88 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 13(5) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C16S. 88 applied in part (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))

C17S. 88(5) amended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 13(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[F4988A Warrants to enter land.E+W

(1)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 88; and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

the justice may issue a warrant authorising any person duly authorised in writing by the appropriate authority to enter the land.

(2) In subsection (1) “ the appropriate authority ” means the person who may authorise entry on the land under section 88 for the purpose in question.

(3)For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(4)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.]

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Amendments (Textual)

F5088B Rights of entry: supplementary provisions.E+W

(1)A person authorised under section 88 to enter any land shall not demand admission as of right to any land which is occupied unless twenty-four hours notice of the intended entry has been given to the occupier.

[F51(1A)Subsection (1) does not apply to a person authorised under section 88(3A) who intends to enter the land for either of the purposes mentioned in paragraphs (a) and (b) of that subsection.]

(2)A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 88 or 88A (referred to in this section as “a right of entry”)—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

(5)Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

(6)A person who is guilty of an offence under subsection (4) shall be liable—

(a)on summary conviction to a fine not exceeding the statutory maximum, or

(b)on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(7)If any damage is caused to land or chattels in the exercise of—

(a)a right of entry; or

(b)a power conferred by virtue of section 88(6) in connection with such a right,

compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 118 of the principal Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part IV of that Act.

(8)No person shall carry out any works in exercise of a power conferred under section 88 unless notice of his intention to do so was included in the notice required by subsection (1).

(9)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 88 if—

(a)the land in question is held by statutory undertakers; and

(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

(10)Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (9) as it applies for the purposes of section 325(9) of the principal Act.

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Amendments (Textual)

[F5288CRights of entry: Crown landE+W

(1)Section 88 applies to Crown land subject to the following modifications.

(2)A person must not enter Crown land unless he has the relevant permission.

(3)Relevant permission is the permission of—

(a)a person appearing to the person seeking entry to the land to be entitled to give it, or

(b)the appropriate authority.

(4)In subsection (6) the words “Subject to section 88B(8)” must be ignored.

(5)Section 88B does not apply to anything done by virtue of this section.

(6)Appropriate authority ” must be construed in accordance with section 82C(6). ]

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Amendments (Textual)

[F53 88D [F54Determination of procedure for certain proceedings: England]E+W

(1)The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

(2)A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate—

(a)at a local inquiry;

(b)at a hearing;

(c)on the basis of representations in writing.

(3)The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

(4)A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

(5)The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

(6)The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).

(7)This section applies to—

(a)an application referred to the Secretary of State under section 12 instead of being dealt with by a local planning authority in England;

(b)an appeal under section 20 against a decision of a local planning authority in England; and

(c)an appeal under section 39 against a listed building enforcement notice issued by a local planning authority in England.

(8)The Secretary of State may by order amend subsection (7) to—

(a)add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies, or

(b)otherwise modify the descriptions of proceedings under this Act to which this section applies.

(9)An order under subsection (8) may—

(a)contain incidental, supplementary, consequential, transitional and transitory provision and savings;

(b)amend, repeal or revoke any provision made by or under this Act or by or under any other Act.]

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Amendments (Textual)

F53S. 88D inserted (6.4.2009 for specified purposes, otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196(2), 241(8) (with s. 226); S.I. 2009/400, art. 3(j)

Modifications etc. (not altering text)

C18S. 88D applied (with modifications) by S.I. 2013/2140, Sch. 3 para. 6 (as inserted (E.) (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 8)

[F5588E.Determination of procedure for certain proceedings: WalesE+W

(1)The Welsh Ministers must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

(2)A determination under subsection (1) must provide for the proceedings to be considered in such one or more of the following ways as appear to the Welsh Ministers to be appropriate—

(a)at a local inquiry;

(b)at a hearing;

(c)on the basis of representations in writing.

(3)The Welsh Ministers must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

(4)A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

(5)The Welsh Ministers must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

(6)The Welsh Ministers must publish the criteria which are to be applied in making determinations under subsection (1).

(7)This section applies to—

(a)an application referred to the Welsh Ministers under section 12;

(b)an appeal to the Welsh Ministers under section 20;

(c)an appeal to the Welsh Ministers under section 39.

(8)The Welsh Ministers may by order amend subsection (7) to—

(a)add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies; or

(b)otherwise modify the descriptions of proceedings under this Act to which this section applies.

(9)An order under subsection (8) may—

(a)contain incidental, supplementary, consequential, transitional and transitory provision and savings;

(b)amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

(10)No order may be made under subsection (8) unless a draft of the instrument containing the order has been laid before and approved by resolution of the National Assembly for Wales.]

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Amendments (Textual)

89 Application of certain general provisions of principal Act.E+W

(1)[F56Subject to subsections (1A) and (2),] the following provisions of the principal Act shall apply for the purposes of this Act as they apply for the purposes of that Act, namely—

  • [F57sections 319ZA to 319ZD (Wales: discharge of functions of local planning authority relating to applications),]

  • section 320 (local inquiries),

  • [F58section 322 (orders as to costs of parties where no inquiry held [F59: England])],

  • section [F60322A (orders as to costs: supplementary)],

  • [F61section 322C (costs: Wales),]

  • 323 (procedure on certain appeals and applications [F62: England]),

  • [F63section 323A (procedure for certain proceedings: Wales]

  • [F64section 327A (compliance with requirements relating to applications),]

  • section 329 (service of notices),

  • [F65section 329A(1) and (2) (service of notices on the Crown)]

  • section 330 (power to require information as to interests in land),

  • [F66section 330A(1) to (4) (information as to interests in Crown land)]

  • section 331 (offences by corporations).

[F67(1ZB )F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F69(1A)[F70In the case of a building situated in England,] subsection (1)(cc) of section 329 of that Act shall not apply to—

(a)service of a building preservation notice;

(b)service of a copy of a listed building enforcement notice by a planning authority;

(c)giving of notice under section 38 of this Act of the exercise of powers conferred by subsection (5) of that section; or

(d)service of a listed building enforcement notice issued by the Secretary of State.]

(2)Section 331 of that Act shall not apply to offences under section 59 of this Act.

[F71(3)In the application of section 330 by virtue of this section, references to a local authority include the Commission.]

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Amendments (Textual)

F57Words in s. 89(1) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 39(3), 58(2)(b)(4)(b); S.I. 2017/546, art. 3(a)

F58Words from “section 322” to “held)” omitted (temp.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 11 (which temp. omission ceases to have effect (2.1.1992 for specified purposes and 6.4.2009 for further specified purposes) by virtue of S.I. 1991/2698, art. 3 (with art. 4); S.I. 2009/849, art. 2 (with art. 3))

F59Words in s. 89(1) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 21(2)(a); S.I. 2016/52, art. 4(f) (with art. 17)

F60Words in s. 89(1) inserted (2.1.1992 subject to saving in S.I. 1991/2728, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 30(2); S.I. 1991/2728, arts. 3, 4

F61Entry in s. 89(1) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 21(2)(b); S.I. 2016/52, art. 4(f) (with art. 17)

F62Words in s. 89(1) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 21(2)(c); S.I. 2017/546, art. 3(e)

F63Words in s. 89(1) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 21(2)(d); S.I. 2017/546, art. 3(e)

F64S. 89(1): entry inserted (6.8.2004 for specified purposes, 10.8.2006 for remaining purposes for E., and 30.6.2007 for remaining purposes for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(9), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3(a); S.I. 2007/1369, art. 2(a)

F68S. 89(1ZB) omitted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 21(3); S.I. 2017/546, art. 3(e)

F70Words in s. 89(1A) inserted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 32, 41(2)

90 Financial provisions.E+W

(1)Where—

(a)compensation is payable by a local authority under this Act in consequence of any decision or order given or made under Chapters I, II or IV of Part I or sections 32 to 37, 60 or Schedule 3; and

(b)the decision or order in consequence of which it is payable was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament,

the Minister responsible for the administration of that service may pay that authority a contribution of such amount as he may with the consent of the Treasury determine.

(2)Any local authority and any statutory undertakers may contribute towards any expenses incurred by a local planning authority in or in connection with the performance of any of their functions under the provisions of Chapters I to V of Part I (other than sections [F7228] to 31, 53, 54, 55, 57, 58) and sections 66 and 68 and Schedule 1.

(3)Where any expenses are incurred by a local authority in the payment of compensation payable in consequence of anything done under Chapters I, II or IV of Part I or sections 32 to 37, 56, 59, 60, 66(1), 67, 68 or 73, the Secretary of State may, if it appears to him to be expedient to do so, require any other local authority to contribute towards those expenses such sum as appears to him to be reasonable, having regard to any benefit accruing to that authority by reason of the proceeding giving rise to the compensation.

(4)For the purposes of subsections (2) and (3), contributions made by a local planning authority towards the expenditure of a joint advisory committee shall be deemed to be expenses incurred by that authority for the purposes for which that expenditure is incurred by the committee.

(5)The council of a county may direct that any expenses incurred by them under the provisions specified in subsection (6) shall be treated as special expenses of a county council chargeable upon such part of the county as may be specified in the directions.

(6)Those provisions are—

(a)sections 1(1) to (5), 2(1) to (3) [F7341(8)], 51, 52, 64, 65, 66(2), 82(1) and (4)(b), 83, 86 (except subsection (2)(a)), 87, 88 (except subsection (3)) and subsections (1) to (4) of this section and any other provisions of the planning Acts in so far as they apply, or have effect for the purposes of, any of those provisions; and

(b)sections 1(6), 3, 4, 5, 7 to 29, 32 to 50 (except 39(6) F74 . . .), 60(1) to (4), 61, 66(1), 67(2)(b),(6) and (7), 73(1) (so far as it applies to section 67(2)(b), (6) and (7)), 82(2), (3) and (4)(a) and Schedules 1, 2 and 3.

(7)There shall be paid out of money provided by Parliament—

(a)any sums necessary to enable the Secretary of State to make any payments becoming payable by him under sections [F7528 or] 29;

(b)any expenses incurred by any government department (including the Secretary of State) in the acquisition of land under sections 47 to 52 or in the payment of compensation under section 51(4) or 88(7) or under subsection (1);

(c)any administrative expenses incurred by the Secretary of State for the purposes of this Act.

(8)Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

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Amendments (Textual)

F73 “41(8)” inserted (temp.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 10 (which temp. insertion ceases to have effect (2.1.1992 for specified purposes and 6.4.2009 for further specified purposes) by virtue of S.I. 1991/2698, art. 3 (with art. 4); S.I. 2009/849, art. 2 (with art. 3))

F74Words in s. 90(6)(b) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 25, 84(6) Schs. 3 Pt. II para. 26, 19 Pt.I; S.I. 1991/2905, art.3, sch. 2

Modifications etc. (not altering text)

C19S. 90(1)-(4) extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 13(6) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C20S. 90(1)-(4) applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))

C21S. 90(2)–(4) applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

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