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Planning and Compensation Act 1991

1991 CHAPTER 34

An Act to amend the law relating to town and country planning; to extend the powers to acquire by agreement land which may be affected by carrying out public works; to amend the law relating to compulsory acquisition of land and to compensation where persons are displaced from land or the value of land or its enjoyment may be affected by public works; to provide, in the case of compensation payable in respect of things done in the exercise of statutory powers, for advance payments and payments in interest; and to repeal Part X of the Highways Act 1980.

[25th July 1991]

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:—

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Modifications etc. (not altering text)

C1Act: powers transferred (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch.1

Part IE+W Town and Country Planning: England and Wales

New enforcement powersE+W

1 Planning contravention notices.E+W

In the the M1Town and Country Planning Act 1990 (referred to in this Act as “the principal Act”) in Part VII (enforcement) before section 172 there is inserted—

Planning contravention noticesE+W
171C Power to require information about activities on land.

(1)Where it appears to the local planning authority that there may have been a breach of planning control in respect of any land, they may serve notice to that effect (referred to in this Act as a “planning contravention notice”) on any person who—

(a)is the owner or occupier of the land or has any other interest in it; or

(b)is carrying out operations on the land or is using it for any purpose.

(2)A planning contravention notice may require the person on whom it is served to give such information as to—

(a)any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and

(b)any matter relating to the conditions or limitations subject to which any planning permission in respect of the land has been granted,

as may be specified in the notice.

(3)Without prejudice to the generality of subsection (2), the notice may require the person on whom it is served, so far as he is able—

(a)to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land;

(b)to state when any use, operations or activities began;

(c)to give the name and address of any person known to him to use or have used the land for any purpose or to be carrying out, or have carried out, any operations or activities on the land;

(d)to give any information he holds as to any planning permission for any use or operations or any reason for planning permission not being required for any use or operations;

(e)to state the nature of his interest (if any) in the land and the name and address of any other person known to him to have an interest in the land.

(4)A planning contravention notice may give notice of a time and place at which—

(a)any offer which the person on whom the notice is served may wish to make to apply for planning permission, to refrain from carrying out any operations or activities or to undertake remedial works; and

(b)any representations which he may wish to make about the notice,

will be considered by the authority, and the authority shall give him an opportunity to make in person any such offer or representations at that time and place.

(5)A planning contravention notice must inform the person on whom it is served—

(a)of the likely consequences of his failing to respond to the notice and, in particular, that enforcement action may be taken; and

(b)of the effect of section 186(5)(b).

(6)Any requirement of a planning contravention notice shall be complied with by giving information in writing to the local planning authority.

(7)The service of a planning contravention notice does not affect any other power exercisable in respect of any breach of planning control.

(8)In this section references to operations or activities on land include operations or activities in, under or over the land.

171D Penalties for non-compliance with planning contravention notice.

(1)If, at any time after the end of the period of twenty-one days beginning with the day on which a planning contravention notice has been served on any person, he has not complied with any requirement of the notice, he shall be guilty of an offence.

(2)An offence under subsection (1) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.

(3)It shall be a defence for a person charged with an offence under subsection (1) to prove that he had a reasonable excuse for failing to comply with the requirement.

(4)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)If any person—

(a)makes any statement purporting to comply with a requirement of a planning contravention notice which he knows to be false or misleading in a material particular; or

(b)recklessly makes such a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(6)A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Commencement Information

I1S. 1 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Marginal Citations

2 Enforcement of conditions.E+W

After section 187 of the principal Act there is inserted—

Breach of conditionE+W
187A Enforcement of conditions.

(1)This section applies where planning permission for carrying out any development of land has been granted subject to conditions.

(2)The local planning authority may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a “breach of condition notice”) on—

(a)any person who is carrying out or has carried out the development; or

(b)any person having control of the land,

requiring him to secure compliance with such of the conditions as are specified in the notice.

(3)References in this section to the person responsible are to the person on whom the breach of condition notice has been served.

(4)The conditions which may be specified in a notice served by virtue of subsection (2)(b) are any of the conditions regulating the use of the land.

(5)A breach of condition notice shall specify the steps which the authority consider ought to be taken, or the activities which the authority consider ought to cease, to secure compliance with the conditions specified in the notice.

(6)The authority may by notice served on the person responsible withdraw the breach of condition notice, but its withdrawal shall not affect the power to serve on him a further breach of condition notice in respect of the conditions specified in the earlier notice or any other conditions.

(7)The period allowed for compliance with the notice is—

(a)such period of not less than twenty-eight days beginning with the date of service of the notice as may be specified in the notice; or

(b)that period as extended by a further notice served by the local planning authority on the person responsible.

(8)If, at any time after the end of the period allowed for compliance with the notice—

(a)any of the conditions specified in the notice is not complied with; and

(b)the steps specified in the notice have not been taken or, as the case may be, the activities specified in the notice have not ceased,

the person responsible is in breach of the notice.

(9)If the person responsible is in breach of the notice he shall be guilty of an offence.

(10)An offence under subsection (9) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.

(11)It shall be a defence for a person charged with an offence under subsection (9) to prove—

(a)that he took all reasonable measures to secure compliance with the conditions specified in the notice; or

(b)where the notice was served on him by virtue of subsection (2)(b), that he no longer had control of the land.

(12)A person who is guilty of an offence under subsection (9) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13)In this section—

(a)conditions” includes limitations; and

(b)references to carrying out any development include causing or permitting another to do so.

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Commencement Information

I2S. 2 wholly in force at 27.7.1992 see s. 84(2)(3) and S.I. 1992/1630, art. 2 (subject to art. 3 of that S.I.).

3 Injunctions restraining breaches of planning control.E+W

After section 187A of the principal Act (as inserted by section 2 of this Act) there is inserted—

InjunctionsE+W
187B Injunctions restraining breaches of planning control.

(1)Where a local planning authority consider it necessary or expedient for any actual or apprehended breach of planning control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part.

(2)On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the breach.

(3)Rules of court may provide for such an injunction to be issued against a person whose identity is unknown.

(4)In this section “the court” means the High Court or the county court.

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Commencement Information

I3S. 3 wholly in force; s. 3 not in force at Royal Assent see s. 84(2); s. 3 partly in force at 25.11.1991 by S.I. 1991/2728, art. 2; s. 3 in force at 2.1.1992 so far as not already in force by s.I. 1991/2905, art. 3, 5

Other changes relating to enforcementE+W

4 Time limits on enforcement action.E+W

(1)At the beginning of Part VII of the principal Act (enforcement) there is inserted—

IntroductoryE+W
171A Expressions used in connection with enforcement.

(1)For the purposes of this Act—

(a)carrying out development without the required planning permission; or

(b)failing to comply with any condition or limitation subject to which planning permission has been granted,

constitutes a breach of planning control.

(2)For the purposes of this Act—

(a)the issue of an enforcement notice (defined in section 172); or

(b)the service of a breach of condition notice (defined in section 187A),

constitutes taking enforcement action.

(3)In this Part “planning permission” includes permission under Part III of the 1947 Act, of the 1962 Act or of the 1971 Act.

171B Time limits.

(1)Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

(2)Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.

(3)In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.

(4)The preceding subsections do not prevent—

(a)the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect; or

(b)taking further enforcement action in respect of any breach of planning control if, during the period of four years ending with that action being taken, the local planning authority have taken or purported to take enforcement action in respect of that breach.

(2)If, in the case of any breach of planning control, the time for issuing an enforcement notice has expired, before the coming into force of this section, by virtue of section 172(4)(b) of the principal Act (as originally enacted), nothing in this section enables any enforcement action to be taken in respect of the breach.

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Commencement Information

I4S. 4 wholly in force: s. 4 not in force at Royal Assent see s. 84(2); s. 4 in force to a certain extent at 2.1.1992 by S.I. 1991/2905, art. 3 (subject to art. 5 of that S.I.); s. 4 in force at 27.7.1992 insofar as not already in force by S.I. 1992/1630, art. 2

5 Enforcement notices.E+W

(1)For sections 172 and 173 of the principal Act (power to issue and contents of enforcement notice) there is substituted—

172 Issue of enforcement notice.

(1)The local planning authority may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to them—

(a)that there has been a breach of planning control; and

(b)that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.

(2)A copy of an enforcement notice shall be served—

(a)on the owner and on the occupier of the land to which it relates; and

(b)on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice.

(3)The service of the notice shall take place—

(a)not more than twenty-eight days after its date of issue; and

(b)not less than twenty-eight days before the date specified in it as the date on which it is to take effect.

173 Contents and effect of notice.

(1)An enforcement notice shall state—

(a)the matters which appear to the local planning authority to constitute the breach of planning control; and

(b)the paragraph of section 171A(1) within which, in the opinion of the authority, the breach falls.

(2)A notice complies with subsection (1)(a) if it enables any person on whom a copy of it is served to know what those matters are.

(3)An enforcement notice shall specify the steps which the authority require to be taken, or the activities which the authority require to cease, in order to achieve, wholly or partly, any of the following purposes.

(4)Those purposes are—

(a)remedying the breach by making any development comply with the terms (including conditions and limitations) of any planning permission which has been granted in respect of the land, by discontinuing any use of the land or by restoring the land to its condition before the breach took place; or

(b)remedying any injury to amenity which has been caused by the breach.

(5)An enforcement notice may, for example, require—

(a)the alteration or removal of any buildings or works;

(b)the carrying out of any building or other operations;

(c)any activity on the land not to be carried on except to the extent specified in the notice; or

(d)the contour of a deposit of refuse or waste materials on land to be modified by altering the gradient or gradients of its sides.

(6)Where an enforcement notice is issued in respect of a breach of planning control consisting of demolition of a building, the notice may require the construction of a building (in this section referred to as a “replacement building”) which, subject to subsection (7), is as similar as possible to the demolished building.

(7)A replacement building—

(a)must comply with any requirement imposed by any enactment applicable to the construction of buildings;

(b)may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control;

(c)must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b)).

(8)An enforcement notice shall specify the date on which it is to take effect and, subject to sections 175(4) and 289(4A), shall take effect on that date.

(9)An enforcement notice shall specify the period at the end of which any steps are required to have been taken or any activities are required to have ceased and may specify different periods for different steps or activities; and, where different periods apply to different steps or activities, references in this Part to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period at the end of which the step is required to have been taken or the activity is required to have ceased.

(10)An enforcement notice shall specify such additional matters as may be prescribed, and regulations may require every copy of an enforcement notice served under section 172 to be accompanied by an explanatory note giving prescribed information as to the right of appeal under section 174.

(11)Where—

(a)an enforcement notice in respect of any breach of planning control could have required any buildings or works to be removed or any activity to cease, but does not do so; and

(b)all the requirements of the notice have been complied with,

then, so far as the notice did not so require, planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities.

(12)Where—

(a)an enforcement notice requires the construction of a replacement building; and

(b)all the requirements of the notice with respect to that construction have been complied with,

planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of that construction.

173A Variation and withdrawal of enforcement notices.

(1)The local planning authority may—

(a)withdraw an enforcement notice issued by them; or

(b)waive or relax any requirement of such a notice and, in particular, may extend any period specified in accordance with section 173(9).

(2)The powers conferred by subsection (1) may be exercised whether or not the notice has taken effect.

(3)The local planning authority shall, immediately after exercising the powers conferred by subsection (1), give notice of the exercise to every person who has been served with a copy of the enforcement notice or would, if the notice were re-issued, be served with a copy of it.

(4)The withdrawal of an enforcement notice does not affect the power of the local planning authority to issue a further enforcement notice.

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Commencement Information

I5S. 5 wholly in force: s. 5 in force for certain purposes at 25.11.1991 see s. 84(2)(3) and S.I. 1991/2728, art. 2; s. 5 wholly in force at 2.1.1992 so far as not already in force by S.I. 1991/2905, arts. 3,5.

6 Appeal against enforcement notice.E+W

(1)For section 174(2) and (3) of the principal Act (grounds of appeal and notice) there is substituted—

(2)An appeal may be brought on any of the following grounds—

(a)that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;

(b)that those matters have not occurred;

(c)that those matters (if they occurred) do not constitute a breach of planning control;

(d)that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;

(e)that copies of the enforcement notice were not served as required by section 172;

(f)that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;

(g)that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed.

(3)An appeal under this section shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect; or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.

(2)In section 175(4) of that Act (enforcement notices of no effect pending final determination or withdrawal of appeals) after “shall” there is inserted “ subject to any order under section 289(4A) ”.

(3)After section 177(5) of that Act (appellant deemed to have made an application for planning permission for the development to which the enforcement notice relates) there is inserted—

(5A)Where—

(a)the statement under subsection (4) of section 174 specifies the ground mentioned in subsection (2)(a) of that section;

(b)any fee is payable under regulations made by virtue of section 303 in respect of the application deemed to be made by virtue of the appeal; and

(c)the Secretary of State gives notice in writing to the appellant specifying the period within which the fee must be paid,

then, if that fee is not paid within that period, the appeal, so far as brought on that ground, and the application shall lapse at the end of that period.

(4)In section 289 of that Act (appeals to High Court) after subsection (4) there is inserted—

(4A)In proceedings brought by virtue of this section in respect of an enforcement notice, the High Court or, as the case may be, the Court of Appeal may, on such terms if any as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

(4B)Where proceedings are brought by virtue of this section in respect of any notice under section 207, the notice shall be of no effect pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

(5)For subsection (6) of that section there is substituted—

(5A)Rules of court may also provide for the High Court or, as the case may be, the Court of Appeal to give directions as to the exercise, until such proceedings in respect of an enforcement notice are finally concluded and any re-hearing and determination by the Secretary of State has taken place, of any other powers in respect of the matters to which such a notice relates.

(6)No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.

(6)In section 303(3) of that Act (fees payable to Secretary of State in respect of deemed applications for planning permission) for “to him of a fee of the prescribed amount in respect of an” there is substituted—

(a)of fees of prescribed amounts to him and to the local planning authority in respect of any application for planning permission deemed to be made under section 177(5); and

(b)of a fee of the prescribed amount to him in respect of any other.

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Commencement Information

I6S. 6 wholly in force; s. 6 not in force at Royal Assent see s. 84(2); s. 6(6) in force at 13.10.1991 by S.I. 1991/2272, art. 2(a); s. 6(5) in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2; s. 6 in force at 2.1.1992 so far as not already in force by S.I. 1991/2905, art. 3,5

7 Execution of works required by enforcement notice.E+W

(1)For section 178(1) of the principal Act (power to execute works required by enforcement notice) there is substituted—

(1)Where any steps required by an enforcement notice to be taken are not taken within the period for compliance with the notice, the local planning authority may—

(a)enter the land and take the steps; and

(b)recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

(2)For subsections (6) and (7) of that section there is substituted—

(6)Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Commencement Information

I7S. 7 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

8 Offence where enforcement notice not complied with.E+W

For section 179 of the principal Act (penalties for non-compliance with enforcement notice) there is substituted—

179 Offence where enforcement notice not complied with.

(1)Where, at any time after the end of the period for compliance with an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is being carried on, the person who is then the owner of the land is in breach of the notice.

(2)Where the owner of the land is in breach of an enforcement notice he shall be guilty of an offence.

(3)In proceedings against any person for an offence under subsection (2), it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.

(4)A person who has control of or an interest in the land to which an enforcement notice relates (other than the owner) must not carry on any activity which is required by the notice to cease or cause or permit such an activity to be carried on.

(5)A person who, at any time after the end of the period for compliance with the notice, contravenes subsection (4) shall be guilty of an offence.

(6)An offence under subsection (2) or (5) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under the subsection in question by reference to any period of time following the preceding conviction for such an offence.

(7)Where—

(a)a person charged with an offence under this section has not been served with a copy of the enforcement notice; and

(b)the notice is not contained in the appropriate register kept under section 188,

it shall be a defence for him to show that he was not aware of the existence of the notice.

(8)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,000; and

(b)on conviction on indictment, to a fine.

(9)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

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Commencement Information

I8s. 8 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

9 Stop notices.E+W

(1)For section 183(1) to (5) of the principal Act (stop notices) there is substituted—

(1)Where the local planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.

(2)In this section and sections 184 and 186 “relevant activity” means any activity specified in the enforcement notice as an activity which the local planning authority require to cease and any activity carried out as part of that activity or associated with that activity.

(3)A stop notice may not be served where the enforcement notice has taken effect.

(4)A stop notice shall not prohibit the use of any building as a dwellinghouse.

(5)A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.

(5A)Subsection (5) does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.

(2)For section 184(3) of that Act (date on which stop notice takes effect) there is substituted—

(3)That date—

(a)must not be earlier than three days after the date when the notice is served, unless the local planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and

(b)must not be later than twenty-eight days from the date when the notice is first served on any person.

(3)For section 186(5) of that Act (matters relevant to compensation) there is substituted—

(5)No compensation is payable under this section—

(a)in respect of the prohibition in a stop notice of any activity which, at any time when the notice is in force, constitutes or contributes to a breach of planning control; or

(b)in the case of a claimant who was required to provide information under section 171C or 330 or section 16 of the M2Local Government (Miscellaneous Provisions) Act 1976, in respect of any loss or damage suffered by him which could have been avoided if he had provided the information or had otherwise co-operated with the local planning authority when responding to the notice.

(4)For section 187(1) and (2) of that Act (offences and penalties) there is substituted—

(1)If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.

(1A)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

(1B)References in this section to contravening a stop notice include causing or permitting its contravention.

(2)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,000; and

(b)on conviction on indictment, to a fine.

(2A)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

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Commencement Information

I9S. 9 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Marginal Citations

10 Certificate of lawful use or development.E+W

(1)For sections 191 to 194 of the principal Act (established use certificates) there is substituted—

Certificate of lawful use or developmentE+W
191 Certificate of lawfulness of existing use or development.

(1)If any person wishes to ascertain whether—

(a)any existing use of buildings or other land is lawful;

(b)any operations which have been carried out in, on, over or under land are lawful; or

(c)any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful,

he may make an application for the purpose to the local planning authority specifying the land and describing the use, operations or other matter.

(2)For the purposes of this Act uses and operations are lawful at any time if—

(a)no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and

(b)they do not constitute a contravention of any of the requirements of any enforcement notice then in force.

(3)For the purposes of this Act any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful at any time if—

(a)the time for taking enforcement action in respect of the failure has then expired; and

(b)it does not constitute a contravention of any of the requirements of any enforcement notice or breach of condition notice then in force.

(4)If, on an application under this section, the local planning authority are provided with information satisfying them of the lawfulness at the time of the application of the use, operations or other matter described in the application, or that description as modified by the local planning authority or a description substituted by them, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(5)A certificate under this section shall—

(a)specify the land to which it relates;

(b)describe the use, operations or other matter in question (in the case of any use falling within one of the classes specified in an order under section 55(2)(f), identifying it by reference to that class);

(c)give the reasons for determining the use, operations or other matter to be lawful; and

(d)specify the date of the application for the certificate.

(6)The lawfulness of any use, operations or other matter for which a certificate is in force under this section shall be conclusively presumed.

(7)A certificate under this section in respect of any use shall also have effect, for the purposes of the following enactments, as if it were a grant of planning permission—

(a)section 3(3) of the M3Caravan Sites and Control of Development Act 1960;

(b)section 5(2) of the M4Control of Pollution Act 1974; and

(c)section 36(2)(a) of the M5Environmental Protection Act 1990.

192 Certificate of lawfulness of proposed use or development.

(1)If any person wishes to ascertain whether—

(a)any proposed use of buildings or other land; or

(b)any operations proposed to be carried out in, on, over or under land,

would be lawful, he may make an application for the purpose to the local planning authority specifying the land and describing the use or operations in question.

(2)If, on an application under this section, the local planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(3)A certificate under this section shall—

(a)specify the land to which it relates;

(b)describe the use or operations in question (in the case of any use falling within one of the classes specified in an order under section 55(2)(f), identifying it by reference to that class);

(c)give the reasons for determining the use or operations to be lawful; and

(d)specify the date of the application for the certificate.

(4)The lawfulness of any use or operations for which a certificate is in force under this section shall be conclusively presumed unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.

193 Certificates under sections 191 and 192: supplementary provisions.

(1)An application for a certificate under section 191 or 192 shall be made in such manner as may be prescribed by a development order and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given under such an order or by the local planning authority.

(2)Provision may be made by a development order for regulating the manner in which applications for certificates under those sections are to be dealt with by local planning authorities.

(3)In particular, such an order may provide for requiring the authority—

(a)to give to any applicant within such time as may be prescribed by the order such notice as may be so prescribed as to the manner in which his application has been dealt with; and

(b)to give to the Secretary of State and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.

(4)A certificate under either of those sections may be issued—

(a)for the whole or part of the land specified in the application; and

(b)where the application specifies two or more uses, operations or other matters, for all of them or some one or more of them;

and shall be in such form as may be prescribed by a development order.

(5)A certificate under section 191 or 192 shall not affect any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted unless that matter is described in the certificate.

(6)In section 69 references to applications for planning permission shall include references to applications for certificates under section 191 or 192.

(7)A local planning authority may revoke a certificate under either of those sections if, on the application for the certificate—

(a)a statement was made or document used which was false in a material particular; or

(b)any material information was withheld.

(8)Provision may be made by a development order for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.

194 Offences.

(1)If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for the issue of a certificate under section 191 or 192—

(a)knowingly or recklessly makes a statement which is false or misleading in a material particular;

(b)with intent to deceive, uses any document which is false or misleading in a material particular; or

(c)with intent to deceive, withholds any material information,

he shall be guilty of an offence.

(2)A person guilty of an offence under subsection (1) 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.

(3)Notwithstanding section 127 of the M6Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under subsection (1) whenever laid.

(2)An order under section 84(2) of this Act may provide for established use certificates to have effect, in such circumstances and to such extent as may be specified in the order, for the purposes of section 191 of the principal Act as substituted by this section.

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Modifications etc. (not altering text)

C2S. 10(1) excluded (29.6.1992) by S.I. 1992/1630, art. 3(2)

Commencement Information

I10S. 10 wholly in force; s. 10 not in force at Royal Assent see s. 84(2); s. 10 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2; s. 10 in force at 27.7.1992 insofar as not already in force by S.I. 1992/1630, art. 2

Marginal Citations

11 Rights of entry for enforcement purposes.E+W

(1)At the end of Part VII of the principal Act there is inserted—

Rights of entry for enforcement purposesE+W
196A Rights to enter without warrant.

(1)Any person duly authorised in writing by a local planning authority may at any reasonable hour enter any land—

(a)to ascertain whether there is or has been any breach of planning control on the land or any other land;

(b)to determine whether any of the powers conferred on a local planning authority by this Part should be exercised in relation to the land or any other land;

(c)to determine how any such power should be exercised in relation to the land or any other land;

(d)to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to the land or any other land,

if there are reasonable grounds for entering for the purpose in question.

(2)Any person duly authorised in writing by the Secretary of State may at any reasonable hour enter any land to determine whether an enforcement notice should be issued in relation to the land or any other land, if there are reasonable grounds for entering for that purpose.

(3)The Secretary of State shall not so authorise any person without consulting the local planning authority.

(4)Admission to any building used as a dwellinghouse shall not be demanded as of right by virtue of subsection (1) or (2) unless twenty-four hours’ notice of the intended entry has been given to the occupier of the building.

196B Right to enter under warrant.

(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 196A(1) or (2); 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 a local planning authority or, as the case may be, the Secretary of State to enter the land.

(2)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.

(3)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.

196C Rights of entry: supplementary provisions.

(1)A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 196A or 196B (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.

(2)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.

(3)If any damage is caused to land or chattels in the exercise of a right of entry, 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.

(4)The provisions of section 118 shall apply in relation to compensation under subsection (3) as they apply in relation to compensation under Part IV.

(5)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.

(6)Subsection (5) 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.

(7)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(8)In sections 196A and 196B and this section references to a local planning authority include, in relation to a building situated in Greater London, a reference to the Historic Buildings and Monuments Commission for England.

(2)In section 324(1)(c) of that Act (rights of entry) “Part VII” is omitted.

(3)In section 325(6) of that Act (compensation in respect of damage caused in exercise of right of entry)—

(a)for “land is damaged” there is substituted “ damage is caused to land or chattels ”; and

(b)for the words from “in respect of” to “in the land” there is substituted “ may be recovered by any person suffering the damage ”.

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Commencement Information

I11S. 11 wholly in force at 2.1.1992 see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Control over developmentE+W

12 Planning obligations.E+W

(1)For section 106 of the principal Act (agreements regulating development or use of land) there is substituted—

106 Planning obligations.

(1)Any person interested in land in the area of a local planning authority may, by agreement or otherwise, enter into an obligation (referred to in this section and sections 106A and 106B as “a planning obligation”), enforceable to the extent mentioned in subsection (3)—

(a)restricting the development or use of the land in any specified way;

(b)requiring specified operations or activities to be carried out in, on, under or over the land;

(c)requiring the land to be used in any specified way; or

(d)requiring a sum or sums to be paid to the authority on a specified date or dates or periodically.

(2)A planning obligation may—

(a)be unconditional or subject to conditions;

(b)impose any restriction or requirement mentioned in subsection (1)(a) to (c) either indefinitely or for such period or periods as may be specified; and

(c)if it requires a sum or sums to be paid, require the payment of a specified amount or an amount determined in accordance with the instrument by which the obligation is entered into and, if it requires the payment of periodical sums, require them to be paid indefinitely or for a specified period.

(3)Subject to subsection (4) a planning obligation is enforceable by the authority identified in accordance with subsection (9)(d)—

(a)against the person entering into the obligation; and

(b)against any person deriving title from that person.

(4)The instrument by which a planning obligation is entered into may provide that a person shall not be bound by the obligation in respect of any period during which he no longer has an interest in the land.

(5)A restriction or requirement imposed under a planning obligation is enforceable by injunction.

(6)Without prejudice to subsection (5), if there is a breach of a requirement in a planning obligation to carry out any operations in, on, under or over the land to which the obligation relates, the authority by whom the obligation is enforceable may—

(a)enter the land and carry out the operations; and

(b)recover from the person or persons against whom the obligation is enforceable any expenses reasonably incurred by them in doing so.

(7)Before an authority exercise their power under subsection (6)(a) they shall give not less than twenty-one days’ notice of their intention to do so to any person against whom the planning obligation is enforceable.

(8)Any person who wilfully obstructs a person acting in the exercise of a power under subsection (6)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9)A planning obligation may not be entered into except by an instrument executed as a deed which—

(a)states that the obligation is a planning obligation for the purposes of this section;

(b)identifies the land in which the person entering into the obligation is interested;

(c)identifies the person entering into the obligation and states what his interest in the land is; and

(d)identifies the local planning authority by whom the obligation is enforceable.

(10)A copy of any such instrument shall be given to the authority so identified.

(11)A planning obligation shall be a local land charge and for the purposes of the M7Local Land Charges Act 1975 the authority by whom the obligation is enforceable shall be treated as the originating authority as respects such a charge.

(12)Regulations may provide for the charging on the land of—

(a)any sum or sums required to be paid under a planning obligation; and

(b)any expenses recoverable by a local planning authority under subsection (6)(b),

and this section and sections 106A and 106B shall have effect subject to any such regulations.

(13)In this section “specified” means specified in the instrument by which the planning obligation is entered into and in this section and section 106A “land” has the same meaning as in the M8Local Land Charges Act 1975.

106A Modification and discharge of planning obligations.

(1)A planning obligation may not be modified or discharged except—

(a)by agreement between the authority by whom the obligation is enforceable and the person or persons against whom the obligation is enforceable; or

(b)in accordance with this section and section 106B.

(2)An agreement falling within subsection (1)(a) shall not be entered into except by an instrument executed as a deed.

(3)A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to the local planning authority by whom the obligation is enforceable for the obligation—

(a)to have effect subject to such modifications as may be specified in the application; or

(b)to be discharged.

(4)In subsection (3) “the relevant period” means—

(a)such period as may be prescribed; or

(b)if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into.

(5)An application under subsection (3) for the modification of a planning obligation may not specify a modification imposing an obligation on any other person against whom the obligation is enforceable.

(6)Where an application is made to an authority under subsection (3), the authority may determine—

(a)that the planning obligation shall continue to have effect without modification;

(b)if the obligation no longer serves a useful purpose, that it shall be discharged; or

(c)if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.

(7)The authority shall give notice of their determination to the applicant within such period as may be prescribed.

(8)Where an authority determine that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.

(9)Regulations may make provision with respect to—

(a)the form and content of applications under subsection (3);

(b)the publication of notices of such applications;

(c)the procedures for considering any representations made with respect to such applications; and

(d)the notices to be given to applicants of determinations under subsection (6).

(10)Section 84 of the M9Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.

106B Appeals.

(1)Where a local planning authority—

(a)fail to give notice as mentioned in section 106A(7); or

(b)determine that a planning obligation shall continue to have effect without modification,

the applicant may appeal to the Secretary of State.

(2)For the purposes of an appeal under subsection (1)(a), it shall be assumed that the authority have determined that the planning obligation shall continue to have effect without modification.

(3)An appeal under this section shall be made by notice served within such period and in such manner as may be prescribed.

(4)Subsections (6) to (9) of section 106A apply in relation to appeals to the Secretary of State under this section as they apply in relation to applications to authorities under that section.

(5)Before determining the appeal the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(6)The determination of an appeal by the Secretary of State under this section shall be final.

(7)Schedule 6 applies to appeals under this section.

(2)In section 296(2) of that Act (exercise of powers in relation to Crown land) after “authority-” there is inserted—

(aa)in relation to land which for the time being is Crown land—

(i)a planning obligation shall not be enforced by injunction; and

(ii)the power to enter land conferred by section 106(6) shall not be exercised;.

(3)After section 299 of that Act there is inserted—

299A Crown planning obligations.

(1)The appropriate authority in relation to any Crown interest or Duchy interest in land in the area of a local planning authority may enter into an obligation falling within any of paragraphs (a) to (d) of section 106(1) (in this section referred to as a “planning obligation”) enforceable to the extent mentioned in subsection (3).

(2)A planning obligation may not be entered into except by an instrument executed as a deed which—

(a)states that the obligation is a planning obligation for the purposes of this section;

(b)identifies the land in relation to which the obligation is entered into;

(c)identifies the appropriate authority who are entering into the obligation and states what the Crown or Duchy interest in the land is; and

(d)identifies the local planning authority by whom the obligation is enforceable.

(3)A planning obligation entered into under this section is enforceable—

(a)against any person with a private interest deriving from the Crown or Duchy interest stated in accordance with subsection (2)(c);

(b)by the authority identified in accordance with subsection (2)(d).

(4)Subject to subsection (5), subsections (2), (4) to (8) and (10) to (13) of section 106 and sections 106A and 106B apply to a planning obligation entered into under this section as they apply to a planning obligation entered into under that section.

(5)The consent of the appropriate authority must be obtained to—

(a)the enforcement by injunction of a planning obligation against a person in respect of land which is Crown land; and

(b)the exercise, in relation to Crown land, of the power to enter land conferred by section 106(6) (as applied by subsection (4)).

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Commencement Information

I12S. 12 wholly in force; s. 12 not in force at Royal Assent see s. 84(2); s. 12(1) in force to a certain extent at 25.10.1991 by S.I. 1991/2272, art. 3(1)(a); s. 12(1) in force for certain purposes at 25.11.1991 (so far as it is not already in force) by S.I. 1991/2728, art. 2; s.12(2)(3) wholly in force at 25.10.1991 by S.I. 1991/2272, art. 3(1)(b); s. 12(1) in force at 9.11.1992 in so far as not already in force by S.I. 1992/2831, art.2.

Marginal Citations

13 Demolition of buildings.E+W

(1)In section 55 of the principal Act (meaning of “development”) after subsection (1) there is inserted—

(1A)For the purposes of this Act “building operations” includes—

(a)demolition of buildings;

(b)rebuilding;

(c)structural alterations of or additions to buildings; and

(d)other operations normally undertaken by a person carrying on business as a builder.

(2)In subsection (2) of that section after paragraph (f) there is inserted—

(g)the demolition of any description of building specified in a direction given by the Secretary of State to local planning authorities generally or to a particular local planning authority.

(3)After section 108(3) of that Act (compensation for refusal or conditional grant of planning permission formerly granted by development order) there is inserted—

(4)Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.

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Modifications etc. (not altering text)

C3S. 13 restricted (1.6.1992) by S.I. 1992/1279, art.3

Commencement Information

I13S. 13 wholly in force: s. 13 not in force at Royal Assent see s. 84(2); s. 13(2) in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2; s. 13 in force at 27.7.1992 insofar as not already in force by S.I. 1992/1279, art. 2

14 Fish farming.E+W

(1)After section 55(4) of the principal Act (meaning of “development”) there is inserted—

(4A)Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection—

  • fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean and mollusc);

  • inland waters” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and

  • tank” includes any cage and any other structure for use in fish farming.

(2)This section does not apply to the placing or assembly of any structure before this section comes into force.

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Commencement Information

I14S. 14 in force at 2.1.1992 by S.I. 1991/2905, arts. 3,5

15 Assessment of environmental effects.E+W

After section 71 of the principal Act there is inserted—

71A Assessment of environmental effects.

(1)The Secretary of State may by regulations make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects of the proposed development.

(2)The regulations—

(a)may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any Community obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the M10European Communities Act 1972; and

(b)may make different provision for different classes of development.

(3)Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, section 333(3) shall not apply.

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Commencement Information

I15S. 15 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

Marginal Citations

16 Notice etc. of applications for planning permission.E+W

(1)For sections 65 to 68 of the principal Act (publicity for applications for planning permission) there is substituted—

65 Notice etc. of applications for planning permission.

(1)A development order may make provision requiring—

(a)notice to be given of any application for planning permission, and

(b)any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

(2)Provision shall be made by a development order for the purpose of securing that, in the case of any application for planning permission, any person (other than the applicant) who on such date as may be prescribed by the order is an owner of the land to which the application relates, or a tenant of any agricultural holding any part of which is comprised in that land, is given notice of the application in such manner as may be required by the order.

(3)A development order may require an applicant for planning permission to certify, in such form as may be prescribed by the order, or to provide evidence, that any requirements of the order have been satisfied.

(4)A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

(5)A local planning authority shall not entertain an application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(6)If any person—

(a)issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular; or

(b)recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(7)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8)In this section—

  • agricultural holding” has the same meaning as in the M11Agricultural Holdings Act 1986; and

  • owner” in relation to any land means any person who—

    (a)

    is the estate owner in respect of the fee simple;

    (b)

    is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired; or

    (c)

    in the case of such applications as may be prescribed by a development order, is entitled to an interest in any mineral so prescribed,

and the reference to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.

(9)Notwithstanding section 127 of the M12Magistrates’ Courts Act 1980, a magistrates’ court may try an information in respect of an offence under this section whenever laid.

(2)For section 71(1) and (2) there is substituted—

(1)A development order may provide that a local planning authority shall not determine an application for planning permission before the end of such period as may be prescribed.

(2)A development order may require a local planning authority—

(a)to take into account in determining such an application such representations, made within such period, as may be prescribed; and

(b)to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.

(2A)A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

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Commencement Information

I16S. 16 wholly in force; s. 16 not in force at Royal Assent see s. 84(2); s. 16 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2; s. 16 in force at 17.7.1992 insofar as not already in force by S.I. 1992/1491, art. 2

Marginal Citations

17 Power of local planning authority to decline to determine applications.E+W

(1)After section 70 of the principal Act there is inserted—

70A Power of local planning authority to decline to determine applications.

(1)A local planning authority may decline to determine an application for planning permission for the development of any land if—

(a)within the period of two years ending with the date on which the application is received, the Secretary of State has refused a similar application referred to him under section 77 or has dismissed an appeal against the refusal of a similar application; and

(b)in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.

(2)For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the local planning authority the same or substantially the same.

(3)The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 78(2) in respect of an application.

(2)In section 78(2) of that Act (right to appeal to Secretary of State where local planning authority have failed to take a decision on an application) for “neither” there is substituted “ done none of the following ” and for “nor” there is substituted—

(aa)given notice to the applicant that they have exercised their power under section 70A to decline to determine the application;.

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Modifications etc. (not altering text)

C4S.17(1) restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt. II para. 1

Commencement Information

I17S. 17 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3

18 Dismissal of appeals in cases of undue delay.E+W

After section 79(6) of the principal Act (determination of appeals) there is inserted—

(6A)If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a)give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and

(b)if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

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Commencement Information

I18S. 18 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

19 Receipt and determination of applications.E+W

(1)After section 74(1) of the principal Act (provisions that may be made by a development order for dealing with applications) there is inserted—

(1A)Provision may be made by a development order—

(a)for determining the persons to whom applications under this Act are to be sent; and

(b)for requiring persons to whom such applications are sent to send copies to other interested persons.

(2)In Schedule 1 to that Act (distribution of functions)—

(a)in paragraph 3(2) (functions which appear to the district planning authority to relate to a county matter to be exercised by the county authority) for “appears to the district planning authority to relate” there is substituted “ relates ”,

(b)paragraphs 3(3) to (6) and 4(1) (all applications to be made to district planning authority) are omitted.

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Commencement Information

I19S. 19 wholly in force; s. 19 not in force at Royal Assent see s. 84(2); s. 19 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2; s. 19 in force at 2.1.1992 in so far as not already in force but subject to a specified exception by S.I. 1991/2905, arts. 3, 5; s. 19 wholly in force at 6.4.1992 by S.I. 1992/665, art. 2

Controls over particular mattersE+W

20 Land of interested planning authorities and development by them.E+W

For section 316 of the principal Act (application of certain provisions to local planning authorities) there is substituted—

316 Land of interested planning authorities and development by them.

(1)The provisions of Parts III, VII and VIII of this Act shall apply in relation to—

(a)land of interested planning authorities; and

(b)the development of any land by interested planning authorities or by such authorities jointly with any other persons,

subject to regulations made by virtue of this section.

(2)The regulations may, in relation to such land or such development—

(a)provide for any of those provisions to apply subject to prescribed exceptions or modifications or not to apply;

(b)make new provision as to any matter dealt with in any of those provisions;

(c)make different provision in relation to different classes of land or development.

(3)Without prejudice to subsection (2), the regulations may provide—

(a)subject to subsection (5), for applications for planning permission to develop such land, or for such development, to be determined by the authority concerned, by another interested planning authority or by the Secretary of State; and

(b)for the procedure to be followed on such applications,

and, in the case of applications falling to be determined by an interested planning authority, they may regulate the authority’s arrangements for the discharge of their functions, notwithstanding anything in section 101 of the M13Local Government Act 1972.

(4)The regulations shall—

(a)provide for section 71(3), and any provision made by virtue of section 65 or 71 by a development order, to apply to applications for planning permission to develop such land, or for such development, subject to prescribed exceptions or modifications, or

(b)make corresponding provision.

(5)In the case of any application for planning permission to develop land of an interested planning authority where—

(a)the authority do not intend to develop the land themselves or jointly with any other person; and

(b)if it were not such land, the application would fall to be determined by another body,

the regulations shall provide for the application to be determined by that other body, unless the application is referred to the Secretary of State under section 77.

(6)In this section “interested planning authority”, in relation to any land, means any body which exercises any of the functions of a local planning authority in relation to that land; and for the purposes of this section land is land of an authority if the authority have any interest in it.

(7)This section applies to any consent required in respect of any land as it applies to planning permission to develop land.

(8)Subsection (1) does not apply to sections 76, 90(2) and (5) and 223.

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Modifications etc. (not altering text)

C5S. 20 restricted (23.6.1992) by S.I. 1992/1491, art.3

Commencement Information

I20S. 20 wholly in force; s. 20 not in force at Royal Assent see s. 84(2); s. 20 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2; s. 20 in force at 17.7.1992 insofar as not already in force by S.I. 1992/1491, art. 2

Marginal Citations

21 Mines and waste.E+W

Schedule 1 to this Act (which, among other things, provides for aftercare where permission is given to deposit refuse or waste materials and provides for altering the provisions relating to compensation for restrictions on mineral working and depositing mineral waste) shall have effect.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21S. 21 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

22 Old mining permissions.E+W

(1)In this section and Schedule 2 to this Act, “old mining permission” means any planning permission for development—

(a)consisting of the winning and working of minerals; or

(b)involving the depositing of mineral waste,

which was deemed to be granted under Part III of the M14Town and Country Planning Act 1947 by virtue of section 77 of that Act (development authorised under interim development orders after 21st July 1943).

(2)An old mining permission shall, if an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined, have effect as from the final determination as if granted on the terms required to be registered.

(3)If no such development has, at any time in the period of two years ending with 1st May 1991, been carried out to any substantial extent anywhere in, on or under the land to which an old mining permission relates, that permission shall not authorise any such development to be carried out at any time after the coming into force of this section unless—

(a)the permission has effect in accordance with subsection (2) above; and

(b)the development is carried out after such an application is finally determined.

(4)An old mining permission shall—

(a)if no application for the registration of the permission is made under that Schedule, cease to have effect on the day following the last date on which such an application may be made; and

(b)if such an application is refused, cease to have effect on the day following the date on which the application is finally determined.

(5)An old mining permission shall, if—

(a)such an application is granted; but

(b)an application under that Schedule to determine the conditions to which the permission is to be subject is required to be served before the end of any period and is not so served,

cease to have effect on the day following the last date on which the application to determine those conditions may be served.

(6)Subject to subsection (3) above, this section—

(a)shall not affect any development carried out under an old mining permission before an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined or, as the case may be, the date on which the permission ceases to have effect; and

(b)shall not affect any order made or having effect as if made under section 102 of or Schedule 9 to the principal Act (discontinuance, etc. orders).

(7)This section and that Schedule, and the principal Act, shall have effect as if the section and Schedule were included in Part III of that Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22S. 22 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

Marginal Citations

23 Trees.E+W+S

(1)In section 207 of the principal Act (enforcement of duties as to replacement of trees) for subsections (3) and (4) there is substituted—

(3)A notice under subsection (1) shall specify a period at the end of which it is to take effect.

(4)The specified period shall be a period of not less than twenty-eight days beginning with the date of service of the notice.

(2)In section 208 (appeals against section 207 notices) in subsection (1) after paragraph (a) there is inserted—

(aa)that in all the circumstances of the case the duty imposed by section 206(1) should be dispensed with in relation to any tree;.

(3)For subsections (2) and (3) of that section there is substituted—

(2)An appeal under subsection (1) shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the end of the period specified in accordance with section 207(3); or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before the end of that period.

(4)For subsections (7) and (8) of that section there is substituted—

(7)On such an appeal the Secretary of State may—

(a)correct any defect, error or misdescription in the notice; or

(b)vary any of its requirements,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

(8)Where the Secretary of State determines to allow the appeal, he may quash the notice.

(8A)The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

(5)For section 209(6) there is substituted—

(6)Any person who wilfully obstructs a person acting in the exercise of the power under subsection (1)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)In section 210 (penalties for non-compliance with tree preservation order)—

(a)in subsection (2) for paragraph (a) there is substituted—

(a)on summary conviction to a fine not exceeding £20,000;

(b)in subsection (3) “on indictment” is omitted; and

(c)subsection (5) is omitted.

(7)After section 214 there is inserted—

InjunctionsE+W+S
214A Injunctions.

(1)Where a local planning authority consider it necessary or expedient for an actual or apprehended offence under section 210 or 211 to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Chapter.

(2)Subsections (2) to (4) of section 187B apply to an application under this section as they apply to an application under that section.

Rights of entryE+W+S
214B Rights to enter without warrant.

(1)Any person duly authorised in writing by a local planning authority may enter any land for the purpose of—

(a)surveying it in connection with making or confirming a tree preservation order with respect to the land;

(b)ascertaining whether an offence under section 210 or 211 has been committed on the land; or

(c)determining whether a notice under section 207 should be served on the owner of the land,

if there are reasonable grounds for entering for the purpose in question.

(2)Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land, if there are reasonable grounds for entering for that purpose.

(3)Any person who is duly authorised in writing by a local planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under this Chapter.

(4)Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the local planning authority under this Chapter (other than section 204).

(5)Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under this Chapter.

(6)The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the local planning authority.

(7)Admission shall not be demanded as of right—

(a)by virtue of subsection (1) or (2) to any building used as a dwellinghouse; or

(b)by virtue of subsection (3), (4) or (5) to any land which is occupied,

unless twenty-four hours’ notice of the intended entry has been given to the occupier.

(8)Any right to enter by virtue of this section shall be exercised at a reasonable hour.

214C Right to enter under warrant.

(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 214B(1) or (2); 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 a local planning authority or, as the case may be, the Secretary of State to enter the land.

(2)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.

(3)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.

214D Rights of entry: supplementary provisions.

(1)Any power conferred under or by virtue of section 214B or 214C to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil.

(2)A person authorised to enter land in the exercise of 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 damage is caused to land or chattels in the exercise of a right of entry, 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.

(5)The provisions of section 118 shall apply in relation to compensation under subsection (4) as they apply in relation to compensation under Part IV.

(8)In section 324 (rights of entry)—

(a)in subsection (1), in paragraph (b) “198 to 200” is omitted;

(b)in paragraph (c) of that subsection for “or Part VIII” there is inserted “ or Chapter 2 or 3 of Part VIII ”;

(c)subsection (2) is omitted; and

(d)in subsection (5) for “Part VIII (other than section 204)” there is substituted “ Chapter 2 or 3 of Part VIII ”.

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Commencement Information

I23S. 23 wholly in force: s.23(7) in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; s. 23 (so far as not already in force) in force at 2.1.1992 by S.I. 1991/2905, arts. 3, 5.

24 Advertisements.E+W

In section 336(1) of the principal Act (interpretation) in the definition of “advertisement”—

(a)after “notice” there is inserted “ awning, blind ”;

(b)after “used,” there is inserted “ or designed ”; and

(c)after “use” there is inserted “ and anything else principally used, or designed or adapted principally for use, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24S. 24 wholly in force at 6.4.1992 see s. 84(2) and S.I. 1992/665, art. 2

25 Listed buildings, conservation areas and hazardous substances.E+W

Schedule 3 to this Act (which makes amendments in relation to the enforcement of the enactments about listed buildings, conservation areas and hazardous substances) shall have effect.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25S. 25 wholly in force: s. 25 in force for certain purposes at 25.9.1991, see s.84(2)(3) and S.I. 1991/2067, art. 3; s. 25 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2; s. 25 wholly in force at 2.1.1992 so far as not already in force by S.I. 1991/2905, arts. 3,5

Development plans and simplified planning zonesE+W

26 Status of development plans.E+W

At the end of Part II of the principal Act there is inserted—

Chapter IIIE+W General
54A Status of development plans.

Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.

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Commencement Information

I26S. 26 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

27 Streamlining of development plan system.E+W

Schedule 4 to this Act (which provides for streamlining the development plan system) shall have effect.

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Commencement Information

I27S. 27 partly in force: s. 27 in force for certain purposes at 25.11.1991 see s. 84(2)(3) and S.I. 1991/2728, art. 2.

S. 27 in force at 10.2.1992 so far as not already in force, see s. 84(2)(3) and S.I. 1991/2905, art. 4

28 Simplified planning zones.E+W

Schedule 5 to this Act which—

(a)modifies the procedure for making simplified planning zones, and

(b)makes minor and consequential amendments of Schedule 7 to the principal Act,

shall have effect.

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Commencement Information

I28S. 28 wholly in force; s. 28 not in force at Royal Assent see s. 84(2); s. 28 in force for certain purposes at 25.11.1991 by S.I. 1991/2728, art. 2 and in force at 9.11.1992 so far as not already in force by S.I. 1992/2413, art. 2 (subject to art. 3 of that S.I.).

MiscellaneousE+W

29 Functions of Historic Buildings and Monuments Commission.E+W

(1)In section 33 of the M15National Heritage Act 1983 (general functions of Commission) after subsection (2) there is inserted—

(2A)In relation to England, the Commission may—

(a)prosecute any offence under Part I of the M16Ancient Monuments and Archaeological Areas Act 1979 or under the M17Planning (Listed Buildings and Conservation Areas) Act 1990, or

(b)institute in their own name proceedings for an injunction to restrain any contravention of any provision of that Part or of that Act of 1990.

(2)In section 89 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (application of general provisions of principal Act, including power under section 330 to require information) after subsection (2) there is inserted—

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

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Commencement Information

I29S. 29 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

Marginal Citations

30 Orders as to costs where inquiry or hearing does not take place.E+W

(1)After section 322 of the principal Act there is inserted—

322A Orders as to costs: supplementary.

(1)This section applies where—

(a)for the purposes of any proceedings under this Act—

(i)the Secretary of State is required, before a decision is reached, to give any person an opportunity, or ask any person whether he wishes, to appear before and be heard by a person appointed by him; and

(ii)arrangements are made for a local inquiry or hearing to be held;

(b)the inquiry or hearing does not take place; and

(c)if it had taken place, the Secretary of State or a person appointed by him would have had power to make an order under section 250(5) of the M18Local Government Act 1972 requiring any party to pay any costs of any other party.

(2)Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.

(2)In section 89(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and section 37(2) of the M19 Planning (Hazardous Substances) Act 1990 (application of provisions of the principal Act) before “323” there is inserted “ 322A (orders as to costs: supplementary) ”.

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Commencement Information

I30S. 30 partly in force; s. 30 in force for certain purposes at 02.01.1992 see s. 84(2)(3) and S.I. 1991/2728, arts. 3, 4.

Marginal Citations

31 Planning compensation repeals.E+W

(1)Part V of the principal Act (compensation for restrictions on new development where land has an unexpended balance of development value) and Schedule 12 to that Act (unexpended balance of development value) are repealed.

(2)Section 114 of that Act (compensation for planning decisions restricting development other than new development) is repealed.

(3)Section 27 of the M20Planning (Listed Buildings and Conservation Areas) Act 1990 (compensation for refusal of consent to alteration, etc. of listed building) is repealed.

(4)Schedule 6 to this Act (compensation repeals: minor and consequential amendments) shall have effect.

(5)Subsection (1) above shall have effect in relation to any compensation under Part V of the principal Act unless a claim for the compensation has been made in accordance with section 127 of that Act before the repeal of that section comes into force.

(6)Any amount recoverable under section 133 of that Act which has not been paid, including any interest on any such amount, shall cease to be recoverable and any mortgage, covenant or other obligation by which the payment of any such amount, or interest on it, is secured is discharged.

(7)The repeal of section 114 of that Act shall have effect, or be treated as having had effect, where the application for planning permission was made on or after 16th November 1990.

(8)The repeal of section 27 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall have effect, or be treated as having had effect, where the application for listed building consent was made on or after 16th November 1990.

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Commencement Information

I31S. 31 wholly in force; s. 31 partly in force at 25.7.1991, see s. 84(2)(3) and wholly in force so far as not already in force at 25.9.1991 by S.I. 1991/2067, art.3.

Marginal Citations

M201990. c. 9.

32 Planning: minor and consequential amendments.E+W

Schedule 7 to this Act (which makes minor and consequential amendments of the enactments relating to planning) shall have effect.

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Commencement Information

I32S. 32 wholly in force; s. 32 not in force at Royal Assent see s. 84(2); s. 32 in force in so far as it relates to specified provisions in Sch. 7 as follows: at 25.9.1991 by S.I. 1991/2067, arts. 3, 4; at 25.10.1991 by S.I. 1991/2272, art. 3(1)(c); at 25.11.1991 for certain purposes by S.I. 1991/2728, art. 2; at 2.1.1992 and at 10.2.1992 by S.I. 1991/2905, arts. 3, 4, 5; at 6.4.1992 by S.I. 1992/665, art. 2; at 27.7.1992 by S.I. 1992/1279, art. 2 and by S.I. 1992/1630, art. 2, Sch. 1; at 9.11.1992 by S.I. 1992/2831, arts. 2, 3.

Part IIS Town and Country Planning - Scotland

New enforcement powersS

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F1S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F2S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F335. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F3S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

Other changes relating to enforcementS

F436. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F4S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F5S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F638. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F6S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I(with s. 5, Sch. 3)

F739. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F7S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F840. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F8S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F941. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F9S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F1042. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F10S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F1143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F11S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

Control over developmentS

F1244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F12S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F1345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F13S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I(with s. 5, Sch. 3)

F1446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F14S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F1547. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F15S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F1648. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F16S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F1749. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F17S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F1850. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F18S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

Controls over particular mattersS

F1951. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F19S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F2052. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F20S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F2153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F21S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F2254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F22S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F2355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F23S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I(with s. 5, Sch. 3)

F2456. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F24S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F2557. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F25S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

Development plans and simplified planning zonesS

F2658. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F26S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

F2759. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

F27S. 33-59 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

MiscellaneousS

60 Repeal of certain compensation provisions of the 1972 Act.S

F28(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Schedule 12 to this Act shall have effect.

F28(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F28S. 60(1)-(5)(7)(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I(with s. 5, Sch. 3)

Modifications etc. (not altering text)

C6S. 60(6) restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. II para. 2

Commencement Information

I33S. 60 wholly in force: s. 60(2)(3)(5) in force at 25. 7. 1991, see s. 84(2)(3); s. 60(1)(4)(6)(7)(8) in force at 25.9.1991 by S. I. 1991/2092, art. 3

61 Planning: minor and consequential amendments - Scotland.S

Schedule 13 to this Act (which makes minor and consequen tial amendments of the enactments relating to planning in Scotland) shall have effect.

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Modifications etc. (not altering text)

C7S. 61 restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. II para. 3

Commencement Information

I34S. 61 partly in force; s. 61 not in force at Royal Assent see s. 84(2); s. 61 in force in so far as it relates to specified provisions of Sch. 13 as follows: at 25.09.1991 by S.I. 1991/2092, art. 3; at 13.10.1991 by S.I. 1991/2272, art. 2(b); at 26.3.1992 by S.I. 1992/334, arts. 4, 5; at 10.8.1992, at 25.9.1992 by S.I. 1992/1937, arts. 3, 4, 5, at 7.3.1994 by S.I. 1994/398, art. 2, at 3.2.1995 by S.I. 1994/3292, art. 3 and at 30.8.1995 by S.I. 1995/2045, art. 3

Part IIIE+W Land Compensation, etc: England and Wales

Acquisition of landE+W

62 Powers to acquire land which will be affected by public works.E+W

(1)After section 26(2) of the M21Land Compensation Act 1973 (responsible authority may acquire land by agreement where enjoyment of land affected by public works) there is inserted—

(2A)Where the responsible authority—

(a)propose to carry out works on blighted land for the construction or alteration of any public works, and

(b)are, in relation to the land, the appropriate authority,

they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the vendor is a qualifying interest.

(2B)In this section—

  • qualifying interest” has the meaning given in section 149(2) of the M22Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and

  • appropriate authority” and “blighted land” have the meanings given respectively in sections 169(1) and 149(1) of that Act.

(2)After section 246(2) of the M23Highways Act 1980 (acquisition of land by agreement where enjoyment of land affected by works) there is inserted—

(2A)Where the highway authority propose to carry out works on blighted land for the construction or improvement of a highway, they may acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the highway if the interest of the vendor is a qualifying interest.

(2B)In this section—

  • qualifying interest” has the meaning given in section 149(2) of the Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and

  • blighted land” has the meaning given in section 149(1) of that Act.

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Commencement Information

I35S. 62 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

Marginal Citations

63 Advance payments of compensation and interest.E+W

(1)In section 52 of the M24Land Compensation Act 1973 (right to advance payment of compensation) for subsection (5) there is substituted—

(4A)Where, at any time after an advance payment has been made on the basis of the acquiring authority’s estimate of the compensation, it appears to the acquiring authority that their estimate was too low, they shall, if a request in that behalf is made in accordance with subsection (2) above, pay to the claimant the balance of the amount of the advance payment calculated as at that time.

(5)Where the amount, or aggregate amount, of any payment under this section made on the basis of the acquiring authority’s estimate of the compensation exceeds the compensation as finally determined or agreed, the excess shall be repaid; and if after any payment under this section has been made to any person it is discovered that he was not entitled to it, the amount of the payment shall be recoverable by the acquiring authority.

(2)After that section there is inserted—

52A Right to interest where advance payment made.

(1)This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under section 11(1) of the M25Compulsory Purchase Act 1965 or any bond under Schedule 3 to that Act or section 85 of the M26Lands Clauses Consolidation Act 1845.

(2)If the authority make a payment under section 52(1) above to any person on account of the compensation—

(a)they shall at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount by reference to which the payment under section 52(1) above was calculated; and

(b)the difference between the amount of the payment under section 52(1) above and the amount by reference to which it was calculated is an unpaid balance for the purposes of this section.

(3)If the authority make a payment under section 52(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on—

(a)the amount by reference to which the payment under section 52(4A) above was calculated; less

(b)the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated.

(4)Where the authority make a payment under section 52(4A) above on account of the compensation, the difference between—

(a)the amount of the payment; and

(b)the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated,

is an unpaid balance for the purposes of this section.

(5)If, on an anniversary of the date on which the authority made a payment to any person under section 52(1) above on account of the compensation—

(a)the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,

(b)the aggregate amount of the accrued interest on any unpaid balances,

exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.

(6)The acquiring authority shall, on paying the outstanding compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances.

(7)For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with—

(a)the making of the payment under section 52(1) or, as the case may be, 52(4A) above; or

(b)if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.

(8)For the purposes of this section—

(a)interest accrues at the rate prescribed under section 32 of the M27Land Compensation Act 1961 or, in the case of a bond under section 85 of the M28Lands Clauses Consolidation Act 1845, at the rate specified in section 85; and

(b)the amount by reference to which a payment under section 52(1) or (4A) was calculated is the amount referred to in section 52(3)(a) or (b) for the purposes of that calculation.

(9)Where any payment has been made under section 52(1) above on account of any compensation, the acquiring authority is not required to pay interest under section 11(1) of the M29Compulsory Purchase Act 1965 or any bond under Schedule 3 to that Act or under section 85 of the Lands Clauses Consolidation Act 1845.

(10)Where the amount, or aggregate amount, of any payment under section 52 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid.

(11)If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority.

(12)The Secretary of State may from time to time by order substitute another sum for the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Modifications etc. (not altering text)

C8S. 63 restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt. I para. 1

Commencement Information

I36S. 63 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

64 Planning assumptions in connection with highway schemes.E+W

At the end of section 14 of the M30Land Compensation Act 1961 (assumptions as to planning permission) there is added—

(5)If, in a case where—

(a)the relevant land is to be acquired for use for or in connection with the construction of a highway, or

(b)the use of the relevant land for or in connection with the construction of a highway is being considered by a highway authority,

a determination mentioned in subsection (7) of this section falls to be made, that determination shall be made on the following assumption.

(6)The assumption is that, if the relevant land were not so used, no highway would be constructed to meet the same or substantially the same need as the highway referred to in paragraph (a) or (b) of subsection (5) of this section would have been constructed to meet.

(7)The determinations referred to in subsection (5) of this section are—

(a)a determination, for the purpose of assessing compensation in respect of any compulsory acquisition, whether planning permission might reasonably have been expected to be granted for any development if no part of the relevant land were proposed to be acquired by any authority possessing compulsory purchase powers, and

(b)a determination under section 17 of this Act as to the development for which, in the opinion of the local planning authority, planning permission would or would not have been granted if no part of the relevant land were proposed to be acquired by any authority possessing compulsory purchase powers.

(8)The references in subsections (5) and (6) of this section to the construction of a highway include its alteration or improvement.

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Modifications etc. (not altering text)

C9S. 64 restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt. I para.2

Commencement Information

I37S. 64 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

65 Certification of appropriate alternative development.E+W

(1)For section 17(1) of the M31Land Compensation Act 1961 (certificate of appropriate alternative development may be issued only if land is not in an area defined in development plan as an area of comprehensive development or shown in the plan as allocated for residential, commercial or industrial use) there is substituted—

(1)Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may, subject to subsection (2) of this section, apply to the local planning authority for a certificate under this section.

(2)In subsection (4) of that section (certificate stating that permission for development would or would not be granted) for paragraphs (a) and (b) there is substituted—

(a)that planning permission would have been granted for development of one or more classes specified in the certificate (whether specified in the application or not) and for any development for which the land is to be acquired, but would not have been granted for any other development; or

(b)that planning permission would have been granted for any development for which the land is to be acquired, but would not have been granted for any other development,

and for the purposes of this subsection development is development for which the land is to be acquired if the land is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for that development.

(3)After subsection (9) of that section there is inserted—

(9A)In assessing the compensation payable to any person in respect of any compulsory acquisition, there shall be taken into account any expenses reasonably incurred by him in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 18 of this Act where any of the issues on the appeal are determined in his favour).

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Modifications etc. (not altering text)

C10S. 65 restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt.II para. 3

Commencement Information

I38S. 65 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

66 Compensation where permission for additional development granted after acquisition.E+W

(1)Schedule 14 to this Act (which revives Part IV of the Land Compensation Act 1961) shall have effect.

(2)This section applies to an acquisition or sale of an interest in land if the date of completion (within the meaning of that Part) falls on or after the day on which this section comes into force.

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Commencement Information

I39S. 66 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

67 Time limit on validity of notice to treat.E+W

In section 5 of the M32Compulsory Purchase Act 1965 (notice to treat) after subsection (2) there is inserted—

(2A)A notice to treat shall cease to have effect at the end of the period of three years beginning with the date on which it is served unless—

(a)the compensation has been agreed or awarded or has been paid or paid into court,

(b)a general vesting declaration has been executed under section 4 of the M33Compulsory Purchase (Vesting Declarations) Act 1981,

(c)the acquiring authority have entered on and taken possession of the land specified in the notice, or

(d)the question of compensation has been referred to the Lands Tribunal.

(2B)If the person interested in the land, or having power to sell and convey or release it, and the acquiring authority agree to extend the period referred to in subsection (2A) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless—

(a)any of the events referred to in that subsection have then taken place, or

(b)the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).

(2C)Where a notice to treat ceases to have effect by virtue of subsection (2A) or (2B) of this section, the acquiring authority—

(a)shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2B) of this section, and

(b)shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.

(2D)The amount of any compensation payable under subsection (2C) shall, in default of agreement, be determined by the Lands Tribunal.

(2E)Compensation payable to any person under subsection (2C) shall carry interest at the rate prescribed under section 32 of the M34Land Compensation Act 1961 from the date on which he was entitled to to be given notice under that subsection until payment.

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Modifications etc. (not altering text)

C11S. 67 restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt. I para. 3.

Commencement Information

I40S. 67 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

Home loss paymentsE+W

68 Home loss payments.E+W

(1)For section 29(2) of the M35Land Compensation Act 1973 (home loss payment where person displaced from dwelling: period and nature of occupation) there is substituted—

(2)A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement—

(a)he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and

(b)he has been in such occupation by virtue of an interest or right to which this section applies,

but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 32 and 33 below as a “discretionary payment”) may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.

(2)Subsection (5) of that section (no payments where acquisition is in pursuance of blight notice) is omitted.

(3)For section 30 of that Act (amount of home loss payment in England and Wales) there is substituted—

30 Amount of home loss payment in England and Wales.

(1)In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 29 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500.

(2)In any other case, the amount of the home loss payment shall be £1,500.

(3)For the purposes of this section and section 32 below the market value of an interest in a dwelling—

(a)in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest; and

(b)in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest,

and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Lands Tribunal.

(4)In determining for the purposes of this section and section 32 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling.

(5)The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above.

(6)The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section “owner’s interest” means the interest of a person who is an owner as defined in section 7 of the M36Acquisition of Land Act 1981.

(4)For section 32(1) to (3) of that Act (supplementary provisions about home loss payments) there is substituted—

(1)No home loss payment or discretionary payment shall be made except on a claim in writing made by the claimant giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount.

(2)Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates—

(a)the date of displacement;

(b)the last day of the period of three months beginning with the making of the claim; and

(c)where the amount of the payment is to be determined in accordance with section 30(1) above, the day on which the market value of the interest in question is agreed or finally determined.

(2A)Where the amount of the payment is to be determined in accordance with section 30(1) above—

(a)the acquiring authority may at any time make a payment in advance; and

(b)if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so).

(2B)The amount of the payment in advance shall be the lesser of—

(a)the maximum amount for the purposes of section 30(1) above,

(b)10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount.

(2C)Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined.

(3)Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which—

(a)he has resided in the dwelling as his only or main residence but without satisfying those conditions, and

(b)another person or other persons have satisfied those conditions,

and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it.

(3A)Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 29(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 29(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).

(5)In section 32(4) of that Act for “five years” there is substituted “ one year ”.

(6)In section 32(5) of that Act, for “(3) and (4)” there is substituted “ (3) to (4) ”.

(7)In section 32(7) and (7B) of that Act, after “home loss payment” (in both places) there is inserted “ or discretionary payment ” and after “required” (in both places) there is inserted “ or authorised ”.

(8)In section 33 of that Act (caravan dwellers)—

(a)in subsection (2) after “home loss payment” there is inserted “ or discretionary payment ”,

(b)in subsection (3), for the words following “substituted” (in the second place) there is substituted—

(a)he has been in occupation of the caravan site by using a caravan stationed on it as his only or main residence; and

(b)he has been in such occupation of the site by virtue of an interest or right to which this section applies.

(c)for subsection (4) there is substituted—

(4)Section 30 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.,

(d)in subsection (5), for paragraph (a) there is substituted—

(a)as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;,and in paragraph (c) for “(3) and (4)” there is substituted “ (3) to (4) ”.

(9)This section shall have effect in relation to displacements occurring on or after 16th November 1990 but, in the case of claims made before the date on which this section comes into force, no amount is required or authorised to be paid by virtue only of this section before the expiry of the period of one month beginning with the date on which this section comes into force.

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Commencement Information

I41S. 68 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

Marginal Citations

69 Home loss payments: spouses having statutory rights of occupation.E+W

After section 29 of the M37Land Compensation Act 1973 there is inserted—

29A Spouses having statutory rights of occupation.

(1)This section applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which section 29 above applies, the other spouse (“B”) acquires rights of occupation (within the meaning of the M38Matrimonial Homes Act 1983).

(2)So long as—

(a)those rights of occupation continue,

(b)B is in occupation of the dwelling and A is not, and

(c)B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies,

B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 30 below).

(3)References in this section to a dwelling include a reference to a substantial part of it.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C12S. 69 restricted (9.9.1991) by S.I. 1991/2067, art. 4, Sch. 2 Pt. II para. 4

Commencement Information

I42S. 69 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

GeneralE+W

70 Further amendments relating to land compensation.E+W

Schedule 15 to this Act, of which—

(a)Part I contains miscellaneous amendments, and

(b)Part II contains minor and consequential amendments,

relating to land compensation, shall have effect.

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Modifications etc. (not altering text)

Commencement Information

I43S. 70 wholly in force: s. 70 in force for certain purposes at 25.9.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3; s. 70 wholly in force at 2.1.1992 so far as not already in force by S.I. 1991/2728, art. 3

Part IVS Land Compensation - Scotland

71 Home loss payments.S

(1)For section 27(2) of the M39Land Compensation (Scotland) Act 1973 (home loss payment where person displaced from dwelling) there is substituted—

(2)A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement—

(a)he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and

(b)he has been in such occupation by virtue of an interest or right to which this section applies,

but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 29 and 30 below as a “discretionary payment”) may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.

(2)Subsection (5) of that section (no payments where acquisition is in pursuance of blight notice) is omitted.

(3)For section 28 of that Act (amount of home loss payment) there is substituted—

28 Amount of home loss payment.

(1)In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 27 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500.

(2)In any other case, the amount of the home loss payment shall be £1,500.

(3)For the purposes of this section and section 29 below the market value of an interest in a dwelling—

(a)in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest; and

(b)in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest,

and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Lands Tribunal.

(4)In determining for the purposes of this section and section 29 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling.

(5)The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above.

(6)The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section “owner’s interest” means the interest of a person who is an owner as defined in section 45(1) of the M40Land Compensation (Scotland) Act 1963.

(4)For section 29(1) to (3) of that Act (supplementary provisions about home loss payments) there is substituted—

(1)No home loss payment or discretionary payment shall be made except on a claim in writing made by the person entitled thereto (“the claimant”) giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount.

(2)Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates—

(a)the date of displacement;

(b)the last day of the period of three months beginning with the making of the claim; and

(c)where the amount of the payment is to be determined in accordance with section 28(1) above, the day on which the market value of the interest in question is agreed or finally determined.

(2A)Where the amount of the payment is to be determined in accordance with section 28(1) above—

(a)the acquiring authority may at any time make a payment in advance; and

(b)if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so).

(2B)The amount of the payment in advance shall be the lesser of—

(a)the maximum amount for the purposes of section 28(1) above,

(b)10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount.

(2C)Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined.

(3)Where the claimant has satisfied, throughout any period, the conditions mentioned in section 27(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which—

(a)he has resided in the dwelling as his only or main residence but without satisfying those conditions, and

(b)another person or other persons have satisfied those conditions,

and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it.

(3A)Where the claimant has satisfied, throughout any period, the conditions mentioned in section 27(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 27(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 27(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).

(5)In section 29(4) of that Act, for “five years” there is substituted “ one year ”.

(6)In section 29(5) of that Act, for “(3) and (4)” there is substituted “ (3) to (4) ”.

(7)In section 29(7) and (7AA), after “home loss payment” (in both places) there is inserted “ or discretionary payment ” and after “required” (in both places) there is inserted “ or authorised ”.

(8)In section 30 of that Act (caravan dwellers)—

(a)in subsection (2) after “home loss payment” there is inserted “ or discretionary payment ”,

(b)in subsection (3), for the words following “substituted” (in the second place) there is substituted—

(a)he has been in occupation of the caravan site by using a caravan stationed on it as his only or main residence; and

(b)he has been in such occupation of the site by virtue of an interest or right to which this section applies,

(c)for subsection (4) there is substituted—

(4)Section 28 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.,

(d)in subsection (5), for paragraph (a) there is substituted—

(a)as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;,and in paragraph (c) for “(3) and (4)” there is substituted “ (3) to (4) ”.

(9)This section shall have effect in relation to displacements occurring on or after 16th November 1990 but, in the case of claims made before the date on which this section comes into force, no amount is required or authorised to be paid by virtue only of this section before the expiry of the period of one month beginning with the date on which this section comes into force.

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Commencement Information

I44S. 71 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3.

Marginal Citations

72 Home loss payments: spouses having statutory occupancy rights.S

After section 27 of the M41Land Compensation (Scotland) Act 1973 there is inserted—

27A Spouses having statutory occupancy rights.

(1)This section applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which section 27 above applies, the other spouse (“B”) acquires occupancy rights (within the meaning of the M42Matrimonial Homes (Family Protection) (Scotland) Act 1981).

(2)So long as—

(a)those occupancy rights continue;

(b)B is in occupation of the dwelling and A is not; and

(c)B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies,

B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 28 below).

(3)References in this section to a dwelling include a reference to a substantial part of it.

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Modifications etc. (not altering text)

C14S. 72 restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. II para. 4

Commencement Information

I45S. 72 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2092, art. 3

Marginal Citations

73 Advance payments of compensation and interest.S

(1)In section 48 of the M43Land Compensation (Scotland) Act 1973 (right to advance payment of compensation) for subsection (5) there is substituted—

(4A)Where, at any time after an advance payment has been made on the basis of the acquiring authority’s estimate of the compensation, it appears to the acquiring authority that their estimate was too low, they shall, if a request in that behalf is made in accordance with subsection (2) above, pay to the claimant the balance of the amount of the advance payment calculated as at that time.

(5)Where the amount, or aggregate amount, of any payment under this section made on the basis of the acquiring authority’s estimate of the compensation exceeds the compensation as finally determined or agreed, the excess shall be repaid; and if after any payment under this section has been made to any person it is discovered that he was not entitled to it, the amount of the payment shall be recoverable by the acquiring authority.

(2)After that section there is inserted—

48A Right to interest where advance payment made.

(1)This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under paragraph 3(1) of the second Schedule to the M44Acquisition of Land (Authorisation Procedures) (Scotland) Act 1947 or any bond under section 84 (promoters to be allowed to enter on lands before purchase on giving bond etc.) of the M45Lands Clauses Consolidation (Scotland) Act 1845.

(2)If the authority make a payment under section 48(1) above to any person on account of the compensation—

(a)they shall at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount by reference to which the payment under section 48(1) above was calculated; and

(b)the difference between the amount of the payment under section 48(1) above and the amount by reference to which it was calculated is an unpaid balance for the purposes of this section.

(3)If the authority make a payment under section 48(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on—

(a)the amount by reference to which the payment under section 48(4A) above was calculated; less

(b)the amount by reference to which the preceding payment under section 48(1) or (4A) above was calculated.

(4)Where the authority make a payment under section 48(4A) above on account of the compensation, the difference between—

(a)the amount of the payment; and

(b)the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 48(1) or (4A) above was calculated,

is an unpaid balance for the purposes of this section.

(5)If, on an anniversary of the date on which the authority made a payment to any person under section 48(1) above on account of the compensation—

(a)the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,

(b)the aggregate amount of the accrued interest on any unpaid balances,

exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.

(6)The acquiring authority shall, on paying the compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances.

(7)For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with—

(a)the making of the payment under section 48(1) or, as the case may be, 48(4A) above; or

(b)if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.

(8)For the purposes of this section—

(a)interest accrues at the rate prescribed under section 40 of the M46Land Compensation (Scotland) Act 1963 or, in the case of a bond under section 84 of the M47Lands Clauses Consolidation (Scotland) Act 1845, at the rate specified in that section; and

(b)the amount by reference to which a payment under section 48(1) or (4A) was calculated is the amount referred to in section 48(3)(a) or (b) for the purposes of that calculation.

(9)Where any payment has been made under section 48(1) above on account of any compensation, the acquiring authority is not required to pay interest under paragraph 3(1) of the second Schedule to the M48Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 or any bond under section 84 (promoters to be allowed to enter on lands before purchase on giving bond etc.) of the M49Lands Clauses Consolidation (Scotland) Act 1845.

(10)Where the amount, or aggregate amount, of any payment under section 48 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid.

(11)If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority.

(12)The Secretary of State may by order increase the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Modifications etc. (not altering text)

C15S. 73 restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. I para. 1

Commencement Information

I46S. 73 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3

Marginal Citations

74 Planning assumptions in connection with acquisition of land by roads authorities.S

At the end of section 22 (assumptions as to planning permission) of the M50Land Compensation (Scotland) Act 1963 there is added—

(5)If, in a case where—

(a)the relevant land is to be acquired for use for, or in connection with, providing, altering or improving a public road; or

(b)that use, or its use in that connection, is being considered by the roads authority,

a determination mentioned in subsection (7) of this section falls to be made, that determination shall be made on the following assumption.

(6)The assumption is that, if the relevant land were not so used, no public road would be provided, altered or improved to meet the same or substantially the same need as would have been met by the provision, alteration or improvement of the public road referred to in paragraph (a) or (b) of subsection (5) of this section.

(7)The determinations referred to in subsection (5) of this section are—

(a)a determination, for the purpose of assessing compensation in respect of any compulsory acquisition, whether planning permission might reasonably have been expected to be granted for any development if no part of the relevant land were proposed to be acquired by any authority possessing compulsory purchase powers, and

(b)a determination under section 25 of this Act as to the development for which, in the opinion of the planning authority, planning permission would or would not have been granted if no part of the relevant land were proposed to be acquired by any authority possessing compulsory purchase powers .

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Modifications etc. (not altering text)

C16S. 74 restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. I para. 2

Commencement Information

I47S. 74 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3.

Marginal Citations

75 Certification of appropriate alternative development.S

(1)For section 25(1) of the M51Land Compensation (Scotland) Act 1963 (certificate of appropriate alternative development may be issued only if land is not in an area defined in development plan as an area of comprehensive development or shown in the plan as allocated for residential, commercial or industrial use) there is substituted—

(1)Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may, subject to subsection (2) of this section, apply to the planning authority for a certificate under this section.

(2)In subsection (4) of that section (certificate stating that permission for development would or would not be granted) for paragraphs (a) and (b) there is substituted—

(a)planning permission would have been granted for development of one or more classes specified in the certificate (whether specified in the application or not) and for any development for which the land is to be acquired, but would not have been granted for any other development; or

(b)planning permission would have been granted for any development for which the land is to be acquired, but would not have been granted for any other development,

and for the purposes of this subsection development is development for which the land is to be acquired if the land is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for that development.

(3)After subsection (9) of that section there is inserted—

(9A)In assessing the compensation payable to any person in respect of any compulsory acquisition, there shall be taken into account any expenses reasonably incurred by him in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 26 of this Act where any of the issues on the appeal are determined in his favour).

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Modifications etc. (not altering text)

C17S. 75 restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. II para. 5

Commencement Information

I48S. 75 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3.

Marginal Citations

76 Powers to acquire land whose enjoyment will be affected by public works.S

(1)After section 24(2) of the M52Land Compensation (Scotland) Act 1973 (acquisition of land in connection with public works) there is inserted—

(2A)Where the responsible authority—

(a)propose to carry out works on land to which this subsection applies for the construction or alteration of any public works, and

(b)are, in relation to the land, the appropriate authority,

they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the seller is an interest such as is mentioned in subsection (3) to (5) of section 181 (interests qualifying for protection under blight provisions) of the M53Town and Country Planning (Scotland) Act 1972.

(2B)Subsection (2A) above applies to any land such as is mentioned in subsection (1) of the said section 181.

(2C)In this section—

appropriate authority” has the meaning given in section 194(1) of the said Act..

(2)After section 106(2) of the M54Roads (Scotland) Act 1984 (acquisition of land for mitigating adverse effects of construction of road) there is inserted—

(2A)Where the roads authority propose to carry out works on land to which this subsection applies for the construction or improvement of a road, they may acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the road if the interest of the seller is an interest such as is mentioned in subsections (3) to (5) of section 181 (interests qualifying for protection under blight provisions) of the M55Town and Country Planning (Scotland) Act 1972.

(2B)Subsection (2A) above applies to any land such as is mentioned in subsection (1) of the said section 181.

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Commencement Information

I49S. 76 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3.

Marginal Citations

77 Compensation where permission for additional development granted after acquisition.S

(1)Schedule 16 to this Act (which revives Part V of the M56Land Compensation (Scotland) Act 1963) shall have effect.

(2)This section applies to an acquisition or sale of an interest in land if the date of completion (within the meaning of that Part) falls on or after the day on which this section comes into force.

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Commencement Information

I50S. 77 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3.

Marginal Citations

78 Time limit on validity of notice to treat.S

(1)A notice to treat under section 17 of the M57Lands Clauses Consolidation (Scotland) Act 1845 shall, for the purposes of any compulsory purchase to which the provisions of the first Schedule to the M58Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 apply, cease to have effect at the end of the period of three years beginning with the date on which it is served unless—

(a)the compensation has been agreed or awarded or has been paid or paid into a bank;

(b)a general vesting declaration has been executed under paragraph 1 of [F29Schedule 15 to the Town and Country Planning (Scotland) Act 1997];

(c)the acquiring authority have entered on and taken possession of the land specified in the notice; or

(d)the question of compensation has been referred to the Lands Tribunal for Scotland.

(2)If the person interested in the land, or having power to sell and convey it, and the acquiring authority agree to extend the period referred to in subsection (1) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless—

(a)any of the events referred to in that subsection have then taken place; or

(b)the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).

(3)Where a notice to treat ceases to have effect by virtue of subsection (1) or (2) of this section, the acquiring authority—

(a)shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2) of this section, and

(b)shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.

(4)The amount of any compensation payable under subsection (3) of this section shall, in default of agreement, be determined by the Lands Tribunal for Scotland.

(5)Compensation payable to any person under subsection (3) of this section shall carry interest at the rate prescribed under section 40 (rate of interest after entry on land) of the M59Land Compensation (Scotland) Act 1963 from the date on which he was entitled to be given notice under that subsection until payment.

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Amendments (Textual)

F29Words in s. 78(1)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 49(1)(with s. 5, Sch. 3)

Modifications etc. (not altering text)

C18S. 78 restricted (18.9.1991) by S.I. 1992/2092, art. 4, Sch. 2 Pt. I para. 3

Commencement Information

I51S. 78 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3.

Marginal Citations

79 Further amendments relating to land compensation in Scotland.S

Schedule 17 to this Act—

(a)Part I of which contains miscellaneous amendments; and

(b)Part II of which contains minor and consequential amendments,

relating to land compensation in Scotland shall have effect.

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Modifications etc. (not altering text)

Commencement Information

I52S. 79 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2092, art. 3.

Part VE+W+S+N.I. Miscellaneous and General

80 Interest on compensation and payments on account.E+W+S

(1)Compensation payable under any provision mentioned in column 1 of an entry in Part I of Schedule 18 to this Act shall carry interest at the rate for the time being prescribed under section 32 of the M60Land Compensation Act 1961 or, in relation to Scotland, section 40 of the Land Compensation (Scotland) Act 1963 from the date shown against that provision in column 2 of the entry until payment.

(2)If it appears to any person that he may become liable to pay to another—

(a)compensation under any provision mentioned in Schedule 18 to this Act, or

(b)interest under subsection (1) above, under any provision mentioned in Part II of Schedule 18 to this Act or under any bond under section 85 of the M61Lands Clauses Consolidation Act 1845 or Schedule 3 to the M62Compulsory Purchase Act 1965,

he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.

(3)If after a payment has been made by any person under subsection (2) above—

(a)it is agreed or determined that he is not liable to pay the compensation or interest, or

(b)by reason of any agreement or determination, any payment under that subsection is shown to have been excessive,

the payment or, as the case may be, excess shall be recoverable by that person.

(4)The Secretary of State may by order amend that Schedule by adding further entries or provisions to Part I or Part II.

(5)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Modifications etc. (not altering text)

Commencement Information

I53S. 80 wholly in force; S. 80 in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3; s. 80 in force (S.) for certain purposes at 25.9.1991 by S.I. 1991/2092, art. 3; s. 80 in force (E.W.) at 2.1.1991 so far as not already in force by S.I. 1991/2728, art. 3 and s. 80 in force insofar as not already in force (S.) at 30.8.1995 so far as not already in force by S.I. 1995/2045, art. 3

Marginal Citations

81 Abolition of new street byelaws.E+W

(1)Part X of the M63Highways Act 1980 (new street byelaws) is repealed.

(2)Nothing in this section affects—

(a)any order made before the day on which this section comes into force under section 188 of that Act (new street orders) or under any enactment from which that section is derived; or

(b)any powers of a local authority exercisable under Part X of that Act in respect of such an order.

(3)The Secretary of State may by order made by statutory instrument repeal any local enactment so far as it makes provision having similar effect to any provision of Part X of that Act.

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Commencement Information

I54S. 81 wholly in force at 25.09.1991 see s. 84(2)(3) and S.I. 1991/2067, art. 3.

Marginal Citations

82 Home loss payments: Northern Ireland.E+W+S+N.I.

An order in Council under paragraph 1(1)(b) of Schedule 1 to the M64Northern Ireland Act 1974 (exercise of legislative functions for Northern Ireland) which states that it is made only for purposes corresponding to the purposes of sections 68 and 69 of this Act—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution procedure and procedure in cases of urgency), but

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Commencement Information

I55S. 82 wholly in force at 26.3.1992 (subject to art. 5 of S.I. 1992/334) see s. 84(2)(3) and S.I. 1992/334, arts. 4, 5.

Marginal Citations

83 Consequential amendment of section 91A of Income and Corporation Taxes Act 1988.E+W+S+N.I.

In section 91A of the M65Income and Corporation Taxes Act 1988 (waste disposal: restoration payments)—

(a)in subsection (4)(b) for “any term of a relevant agreement” there is substituted “ any relevant obligation ”; and

(b)for subsection (7) there is substituted—

(7)For the purposes of this section a relevant obligation is—

(a)an obligation arising under an agreement made under—

(i)section 106 of the M66Town and Country Planning Act 1990, as originally enacted;

(ii)section 50 of the M67Town and Country Planning (Scotland) Act 1972;

(b)a planning obligation entered into under section 106 of the Act of 1990, as substituted by section 12 of the M68Planning and Compensation Act 1991, or under section 299A of the Act of 1990;

(c)an obligation arising under or under an agreement made under any provision—

(i)corresponding to section 106 of the M69Town and Country Planning Act 1990, as originally enacted or as substituted by the Act of 1991 or to section 299A of the Act of 1990; and

(ii)for the time being in force in Northern Ireland.

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Commencement Information

I56S. 83 wholly in force on 25.10.1991 see s. 84(2)(3) and S.I. 1991/2272, art. 3(2).

Marginal Citations

84 Short title, commencement, etc.E+W+S

(1)This Act may be cited as the Planning and Compensation Act 1991.

(2)Subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

(3)An order under subsection (2) above may contain such supplementary, incidental, consequential and transitional provisions as the Secretary of State thinks fit.

(4)Sections 31(2), (3), (7) and (8) and 60(2), (3) and (5), paragraphs 1, 5 and 13 of Schedule 6 and the related repeals shall come into force on the day on which this Act is passed.

(5)Nothing in any provision of this Act affects the punishment for an offence committed before the provision comes into force.

(6)The enactments mentioned in Schedule 19 to this Act are repealed to the extent specified in the third column.

(7)Parts I and III of this Act and section 81 extend to England and Wales only.

(8)Parts II and IV of this Act extend to Scotland only.

(9)This Act, apart from sections 82 and 83, does not extend to Northern Ireland.

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Subordinate Legislation Made

P1S. 84(2)(3): s. 84(2) (with s. 84(3)) power exercised (9.9.1991) by S.I. 1991/2067.

S. 84(2)(3); s. 84(2) (with s. 84(3)) power exercised (18.9.1991) by S.I. 1991/2092.

S. 84(2)(3); s. 84(2) (with s. 84(3)) power exercised (9.10.1991) by S.I. 1991/2272

S. 84(2)(3); s. 84(2) (with s. 84(3)) power exercised (21.11.1991) by S.I. 1991/2728

S. 84(2)(3) power exercised (10.12.1991) by S.I. 1991/2905; power exercised (15.2.1993) by S.I. 1993/275, arts. 2,3

S. 84(2); power exercised (7.3.1994) by S.I.1994/398; s. 84(2)(3)power exercised (3.2.1995) by S.I.1994/3292; (30.8.1995) by S.I.1995/2045

Modifications etc. (not altering text)

Commencement Information

I57S. 84 partly in force; s. 84(6) in force at Royal Assent in so far as it relates to specified repeals in Sch. 19 see s. 84(2)(4); s. 84(6) in force in so far as it relates to further specified repeals in Sch. 19 as follows: at 25.9.1991 by S.I. 1991/2067, art. 3 and by S.I. 1991/2092, art. 3; at 2.1.1992 by S.I. 1991/2905, arts. 3, 5; at 26.3.1992 by S.I. 1992/334, arts. 4, 5; at 6.4.1992 by S.I. 1992/665, art. 2; at 17.7.1992 by S.I. 1992/1491, art. 2, Sch. 1; at 27.7.1992 by S.I. 1992/1630, art. 2, Sch. 2; at 25.9.1992 by S.I. 1992/1937, arts. 4, 5; at 9.11.1992 by S.I. 1992/2831, art. 2, at 3.2.1995 by S.I. 1994/3292, art. 3 and (S.) at 30.8.1995 by S.I. 1995/2045, art. 3

SCHEDULES

Section 21.

SCHEDULE 1E+W Mines and Waste

1The principal Act is amended as follows.E+W

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Commencement Information

I58Sch. 1 para. 1 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

2In section 72(5) (conditional grant of planning permission) after “the winning and working of minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.E+W

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Commencement Information

I59Sch. 1 para. 2 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

3In section 91(4) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (d) there is substituted—E+W

(d)to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—

(i)the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or

(ii)the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;.

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Commencement Information

I60Sch. 1 para. 3 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

4In section 97 (power to revoke or modify planning permission) in subsection (5) the words from “and Part II of Schedule 5” to the end are omitted and after that subsection there is inserted—E+W

(6)Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions that may be imposed by an order under this section which revokes or modifies permission for development—

(a)consisting of the winning and working of minerals; or

(b)involving the depositing of refuse or waste materials.

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Commencement Information

I61Sch. 1 para. 4 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

5In section 100 (revocation and modification of planning permission by the Secretary of State) for subsection (8) there is substituted—E+W

(8)Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that.

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Commencement Information

I62Sch. 1 para. 5 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

6In section 102(8) (discontinuance orders, etc.) for “consisting in the winning and working of minerals” there is substituted “ consisting of the winning and working of minerals or involving the depositing of refuse or waste materials ”.E+W

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Commencement Information

I63Sch. 1 para. 6 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

7For section 105 (duty of mineral planning authorities to review mineral workings) there is substituted—E+W

105 Reviews by mineral planning authorities.

(1)Every mineral planning authority shall undertake periodic reviews about the winning and working of minerals and the depositing of mineral waste in their area.

(2)Subject to regulations made by virtue of subsection (4), the duty under this section is, at such intervals as they think fit—

(a)to review every mining site in their area; and

(b)to consider whether they should make an order under section 97 or under paragraph 1, 3, 5 or 6 of Schedule 9, and if they do consider that they should make any such order, to make it.

(3)For the purposes of subsection (2) “a mining site” means a site which—

(a)is being used for the winning and working of minerals or the depositing of mineral waste;

(b)has been so used at any time during—

(i)the period of five years preceding the date of the beginning of the review; or

(ii)such other period preceding that date as may be prescribed; or

(c)is authorised to be so used.

(4)If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.

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Commencement Information

I64Sch. 1 para. 7 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

8In section 107 (compensation where planning permission revoked or modified) in subsection (5) for “1(2)” there is substituted “ 1(3) ”.E+W

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Commencement Information

I65Sch. 1 para. 8 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

9For section 116 (special basis for compensation in respect of certain orders affecting mineral working) there is substituted—E+W

116 Modification of compensation provisions in respect of mineral working etc.

(1)Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under—

(a)section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or

(b)paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing,

sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.

(2)Any such regulations may make provision—

(a)as to circumstances in which compensation is not to be payable;

(b)for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;

(c)for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,

and may also make different provision for different cases and incidental or supplementary provision.

(3)No such regulations shall be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(4)Before making any such regulations the Secretary of State shall consult such persons as appear to him to be representative—

(a)of persons carrying out mining operations;

(b)of owners of interests in land containing minerals; and

(c)of mineral planning authorities.

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Commencement Information

I66Sch. 1 para. 9 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

10In section 117(2) (general provisions as to compensation for depreciation under Part IV) for “under paragraph 1 of Schedule 11” there is substituted “ by virtue of section 116 ”.E+W

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Commencement Information

I67Sch. 1 para. 10 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

11In sections 189(1)(b) (penalties for contravention of orders under s.102 and Schedule 9) and 315(1) (power to modify Act in relation to minerals) after “minerals” there is inserted “ or involving the depositing of mineral waste ”.E+W

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Commencement Information

I68Sch. 1 para. 11 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

12In section 336(1) (interpretation)—E+W

(a)after the definition of “conservation area” there is inserted—

depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;

(b)the definitions of “development consisting of the winning and working of minerals” and “mineral compensation modifications” are omitted;

(c)in the definition of “minerals” for “minerals and substances in or under land” there is substituted “ substances ”;

(d)the definitions of “relevant order”, “restriction on the winning and working of minerals” and “special consultations” are omitted; and

(e)at the end there is inserted—

the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.

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Commencement Information

I69Sch. 1 para. 12 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

13In Schedule 1 (local planning authorities: distribution of functions), in paragraph 1—E+W

(a)in sub-paragraph (1)(d) for “disposal” there is substituted “ depositing ”; and

(b)sub-paragraph (2) is omitted.

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Commencement Information

I70Sch. 1 para. 13 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

14(1)In Schedule 5, in paragraph 1(1) for “consisting of the winning and working of minerals” there is substituted E+W

(a)consisting of the winning and working of minerals; or

(b)involving the depositing of mineral waste,.

(2)In sub-paragraphs (2), (3) and (5) of that paragraph for “development”, in each place where it occurs, there is substituted “ winning and working of minerals or the depositing of mineral waste ”.

(3)In sub-paragraph (6) of that paragraph “consisting of the winning and working of minerals” is omitted.

(4)In paragraph 2(1) of that Schedule—

(a)in paragraph (a) after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”; and

(b)in paragraph (b) for “operations for the winning and working of minerals have been completed” there is substituted “ the winning and working is completed or the depositing has ceased ”.

(5)In paragraph 6 of that Schedule for the words from “carried out” to “under the land” there is substituted “ won and worked minerals or deposited refuse or waste materials ”.

(6)In paragraph 7 of that Schedule after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.

(7)At the end of that Schedule there is inserted—

InterpretationE+W

9In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.

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Commencement Information

I71Sch. 1 para. 15 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

15(1)In Schedule 9, in paragraph 1(1) for paragraph (a) there is substituted—E+W

(a)that any use of land for—

(i)development consisting of the winning and working of minerals; or

(ii)the depositing of refuse or waste materials,

should be discontinued or that any conditions should be imposed on the continuance of the winning and working or the depositing;.

(2)For paragraph (c) of that sub-paragraph there is substituted—

(c)that any plant or machinery used for the winning and working or the depositing should be altered or removed,.

(3)For sub-paragraphs (2) and (3) of that paragraph there is substituted—

(2)An order under this paragraph may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—

(a)required by paragraph 1 of Schedule 5; or

(b)specified in the order.

(3)Subsections (3) to (5) and (7) of section 102 and section 103 apply to orders under this paragraph as they apply to orders under section 102, but as if—

(a)references to the local planning authority were references to the mineral planning authority; and

(b)the reference in section 103(2)(a) to subsection (2) of section 102 were a reference to sub-paragraph (2).

(4)In paragraph 2 of that Schedule for sub-paragraph (1) there is substituted—

(1)An order under paragraph 1 may impose a restoration condition.

(5)In sub-paragraph (4)(b) of that paragraph for the words from “before” to “under it” there is substituted “ before the development began ”.

(6)For paragraph 3(1) to (3) of that Schedule there is substituted—

(1)Where it appears to the mineral planning authority—

(a)that development of land—

(i)consisting of the winning and working of minerals; or

(ii)involving the depositing of mineral waste,

has occurred; but

(b)the winning and working or depositing has permanently ceased,

the mineral planning authority may by order—

(i)prohibit the resumption of the winning and working or the depositing; and

(ii)impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).

(2)The mineral planning authority may assume that the winning and working or the depositing has permanently ceased only when—

(a)no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and

(b)it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.

(3)The requirements mentioned in sub-paragraph (1) are—

(a)a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;

(b)a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;

(c)a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and

(d)a restoration condition.

(7)At the end of paragraph 4(8) of that Schedule there is inserted “ or involving the depositing of mineral waste ”.

(8)For paragraph 5(1) of that Schedule there is substituted—

(1)Where it appears to the mineral planning authority—

(a)that development of land—

(i)consisting of the winning and working of minerals; or

(ii)involving the depositing of mineral waste,

has occurred; but

(b)the winning and working or depositing has been temporarily suspended,

the mineral planning authority may by order require that steps be taken for the protection of the environment.

(9)For sub-paragraphs (3) and (4) there is substituted—

(3)The mineral planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—

(a)no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least twelve months; but

(b)it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.

(4)In this Act “steps for the protection of the environment” means steps for the purpose—

(a)of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended;

(b)of protecting that area from damage during that period; or

(c)of preventing any deterioration in the condition of the land during that period.

(10)In paragraph 10(1) of that Schedule for “in, on or under the land” there is substituted “ or involving the depositing of mineral waste at the site ”.

(11)In sub-paragraph (3) of that paragraph for “development consisting of the winning and working of minerals” there is substituted “ the development ”.

(12)For sub-paragraph (4) of that paragraph there is substituted—

(4)The mineral planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.

(13)For sub-paragraph (8) there is substituted—

(8)If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.

(14)At the end of that Schedule there is inserted—

InterpretationE+W

12In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.

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Commencement Information

I72Sch. 1 para. 15 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

16(1)Schedule 11 (compensation in respect of certain orders affecting mineral working) is omitted.E+W

(2)Without prejudice to section 17(2)(b) of the M70Interpretation Act 1978, any regulations made or having effect as if made by virtue of Schedule 11 to the principal Act shall, to the extent that they are in force on the coming into force of this paragraph, have effect as if made under section 116 of the principal Act as substituted by paragraph 9 of this Schedule.

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Commencement Information

I73Sch. 1 para. 16 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Marginal Citations

Section 22.

SCHEDULE 2E+W Registration of Old Mining Permissions

Application for registrationE+W

1(1)Any person who is an owner of any land to which an old mining permission relates, or is entitled to an interest in a mineral to which such a permission relates, may apply to the mineral planning authority for the permission to be registered.E+W

(2)The application must specify the development which the applicant claims is authorised by the permission, including the land to which the permission relates, and the conditions (if any) to which the permission is subject.

(3)The application must be served on the mineral planning authority before the end of the period of six months beginning with the day on which this Schedule comes into force.

(4)On an application under this paragraph, the mineral planning authority must—

(a)if they are satisfied that (apart from section 22(3) of this Act) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—

(i)the area of land to which the permission relates, and

(ii)the conditions (if any) to which the permission is subject,

and grant the application, and

(b)in any other case, refuse the application.

(5)Where—

(a)application has been made under this paragraph, but

(b)the mineral planning authority have not given the applicant notice of their determination within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority),

the application is to be treated for the purposes of section 22 of this Act and this Schedule as having been refused by the authority.

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Commencement Information

I74Sch. 2 para. 1 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Determination of conditionsE+W

2(1)The conditions to which an old mining permission is to be subject—E+W

(a)may include any conditions which may be imposed on a grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste,

(b)may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 1(4)(a) above, and

(c)must include a condition that the winning and working of minerals or depositing of mineral waste must cease not later than 21st February 2042.

(2)Where an application for the registration of an old mining permission has been granted, any person who is an owner of any land to which the permission relates, or is entitled to an interest in a mineral to which the permission relates, may apply to the mineral planning authority to determine the conditions to which the permission is to be subject.

(3)The application must set out proposed conditions.

(4)The application must be served on the mineral planning authority—

(a)after the date mentioned in sub-paragraph (5) below, and

(b)except where section 22(3) of this Act applies, before the end of the period of twelve months beginning with that date or such extended period as may at any time be agreed upon in writing between the applicant and the authority.

(5)The date referred to in sub-paragraph (4) above is—

(a)the date on which the application for registration is granted by the mineral planning authority, if no appeal is made to the Secretary of State under paragraph 5 below, and

(b)in any other case, the date on which the application for registration is finally determined.

(6)On an application under this paragraph—

(a)the mineral planning authority must determine the conditions to which the permission is to be subject, and

(b)if, within the period of three months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority) the authority have not given the applicant notice of their determination, the authority shall be treated for the purposes of section 22 of this Act and this Schedule as having determined that the permission is to be subject to the conditions set out in the application.

(7)The condition to which an old mining permission is to be subject by reason of sub-paragraph (1)(c) above is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 72(1)(b) of the principal Act (planning permission granted for a limited period).

(8)This paragraph does not apply to an old mining permission which has ceased to have effect since the application under paragraph 1 above was granted.

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Modifications etc. (not altering text)

C22Sch. 2 para. 2(6)(a): functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Commencement Information

I75Sch. 2 para. 2 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

RegistrationE+W

3(1)Where an application for the registration of an old mining permission is granted, the permission must be entered in the appropriate part of the register kept under section 69 of the principal Act and the entry must specify the area of land ascertained under paragraph 1(4)(a) above.E+W

(2)Where an application to determine the conditions to which an old mining permission is to be subject is finally determined, the conditions must be entered in the appropriate part of that register.

(3)The matters required to be entered in the register under this paragraph must be entered as soon as reasonably practicable.

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Commencement Information

I76Sch. 2 para. 3 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

General provisions about applicationsE+W

4(1)An application under paragraph 1 or 2 above is an application which is—E+W

(a)made on an official form, and

(b)accompanied by an appropriate certificate.

(2)The applicant must, so far as reasonably practicable, give the information required by the form.

(3)Where the mineral planning authority receive an application under paragraph 1 or 2 above, they must as soon as reasonably practicable give to the applicant a written acknowledgement of the application.

(4)Where the mineral planning authority determine an application under either of those paragraphs, they must as soon as reasonably practicable give written notice of their determination to the applicant.

(5)An appropriate certificate is such a certificate—

(a)as would be required under the provisions mentioned in sub-paragraph (6) or, as the case may be, (7) below to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or, as the case may be, involving the depositing of mineral waste, but

(b)with such modifications as are required for the purposes of this Schedule.

(6)For the purposes of paragraph 1 above, the provisions referred to in sub-paragraph (5) above are—

(a)sections 66 to 68 of the principal Act (notification of owners and agricultural tenants) and any provisions of a development order made by virtue of those sections, or

(b)where section 16(1) of this Act is in force, any provision, corresponding to the provisions referred to in paragraph (a) above, of section 65 of that Act (notice etc. of applications) and of a development order made by virtue of that section.

(7)For the purposes of paragraph 2 above, the provisions referred to in sub-paragraph (5) above are—

(a)sections 65 to 68 of the principal Act (publicity for applications) and any provision of a development order made by virtue of those sections, or

(b)where section 16(1) of this Act is in force, section 65 of that Act and any provision of a development order made by virtue of that section.

(8)Section 68(1) or, as the case may be, 65(5) of that Act (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate.

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Commencement Information

I77Sch. 2 para. 4 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Right of appealE+W

5(1)Where the mineral planning authority—E+W

(a)refuse an application under paragraph 1 above, or

(b)in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application,

the applicant may appeal to the Secretary of State.

(2)Where on an application under paragraph 2 above, the mineral planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State.

(3)An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State.

(4)In the case of an appeal under sub-paragraph (1) above, the notice must be given to the Secretary of State before the end of the period of three months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 1(5) above, beginning at the end of the period or extended period referred to in paragraph 1(5)(b).

(5)In the case of an appeal under sub-paragraph (2) above, the notice must be given to the Secretary of State before the end of the period of six months beginning with the determination.

(6)A notice of appeal under this paragraph is a notice which—

(a)is made on an official form, and

(b)is accompanied by an appropriate certificate.

(7)The appellant must, so far as reasonably practicable, give the information required by the form.

(8)Paragraph 4(5) to (8) above shall apply for the purposes of sub-paragraph (7) above as it applies for the purposes of paragraph 4(1) above.

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Commencement Information

I78Sch. 2 para. 5 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Determination of appealE+W

6(1)On an appeal under paragraph 5 above the Secretary of State may—E+W

(a)allow or dismiss the appeal, or

(b)reverse or vary any part of the decision of the mineral planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

(2)Before determining such an appeal the Secretary of State must, if either the appellant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(3)If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a)give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and

(b)if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

(4)The decision of the Secretary of State on such an appeal shall be final.

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Modifications etc. (not altering text)

C23Sch. 2 para. 6 extended (E.W.) (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 16(3)(with ss. 7(6), 115, 117); S.I. 1995/2765, art.2

Sch. 2 para. 6 extended (E.W.) (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 9(3) (with ss. 7(6), 115, 117); S.I. 1995/2765, art.2

Commencement Information

I79Sch. 2 para. 6 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Reference of applications to Secretary of StateE+W

7(1)The Secretary of State may give directions requiring applications under this Schedule to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.E+W

(2)The direction may relate either to a particular application or to applications of a class specified in the direction.

(3)Where an application is referred to him under this paragraph—

(a)subject to paragraph (b) and sub-paragraph (4) below, the following provisions of this Schedule—

(i)paragraph 1(1) to (4),

(ii)paragraph 2(1) to (6)(a), (7) and (8),

(iii)paragraphs 3 and 4, and

(iv)paragraphs 8 to 10,

shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the mineral planning authority,

(b)before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and

(c)the decision of the Secretary of State on the application shall be final.

(4)Where an application under paragraph 1 above is so referred to him, paragraph 2(5) above shall apply as if for paragraphs (a) and (b) there were substituted “the date on which the application for registration is finally determined”.

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Commencement Information

I80Sch. 2 para. 7 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Two or more applicantsE+W

8(1)Where a person has served an application under paragraph 1 or 2 above in respect of an old mining permission—E+W

(a)he may not serve any further application under the paragraph in question in respect of the same permission, and

(b)if the application has been determined, whether or not it has been finally determined, no other person may serve an application under the paragraph in question in respect of the same permission.

(2)Where—

(a)a person has served an application under paragraph 1 or 2 above in respect of an old mining permission, and

(b)another person duly serves an application under the paragraph in question in respect of the same permission,

then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application served on the date on which the later application was served and references to the applicant shall be read as references to either or any of the applicants.

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Commencement Information

I81Sch. 2 para. 8 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Application of provisions of principal ActE+W

9(1)Subject to paragraph 3 above, section 69 of the principal Act (registers of applications, etc.), and any provision of a development order made by virtue of that section, shall have effect with any necessary modifications as if references to applications for planning permission included applications under paragraph 1 or 2 above.E+W

(2)Where the mineral planning authority is not the authority required to keep the register under that section, the mineral planning authority must provide the authority required to keep the register with such information and documents as that authority requires to comply with paragraph 3 above and with that section as applied by this paragraph.

(3)Sections 284 and 288 of the principal Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 284(3) included any decision of the Secretary of State on an appeal under paragraph 5 above or on an application referred to him under paragraph 7 above.

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Commencement Information

I82Sch. 2 para. 9 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

InterpretationE+W

10(1)In this Schedule—E+W

  • official form” means, in relation to an application or appeal, a document supplied by or on behalf of the Secretary of State for use for the purpose in question, and

  • owner” in relation to any land means any person who—

(a)is the estate owner in respect of the fee simple, or

(b)is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired.

(2)For the purposes of section 22 of this Act and this Schedule, an application under paragraph 1 or 2 above is finally determined when the following conditions are met—

(a)the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the principal Act, have been determined, and

(b)any time for appealing under paragraph 5 above, or applying or further applying under that section, (where there is a right to do so) has expired.

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Modifications etc. (not altering text)

Commencement Information

I83Sch. 2 para. 10 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

Section 25.

SCHEDULE 3E+W Listed Buildings, Conservation Areas and Hazardous Substances

Part IE+W Changes relating to enforcement

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)E+W

1In section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (offences: penalties)—E+W

(a)for subsection (4) there is substituted—

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

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000, or both; or

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

(b)in subsection (5) “on indictment” is omitted.

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Commencement Information

I84Sch. 3 para. 1 in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3

2For section 38(5) and (6) of that Act (withdrawal of notices) there is substituted—E+W

(5)The local planning authority may—

(a)withdraw a listed building enforcement notice (without prejudice to their power to issue another); or

(b)waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 38(3),

and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.

(6)The local planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it.

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Commencement Information

I85Sch. 3 para. 2 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

3(1)Section 39 of that Act (appeals) is amended as follows.E+W

(2)For subsection (1)(b) and (c) there is substituted—

(b)that the matters alleged to constitute a contravention of section 9(1) or (2) have not occurred;

(c)that those matters (if they occurred) do not constitute such a contravention.

(3)For subsection (2) there is substituted—

(2)An appeal under this section shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.

(4)In subsection (3) after “shall” there is inserted “ subject to any order under section 65(3A) ”.

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Commencement Information

I86Sch. 3 para. 3 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

4For section 41(1) and (2) (power to correct or vary enforcement notice on appeal) there is substituted—E+W

(1)On an appeal under section 39 the Secretary of State may—

(a)correct any defect, error or misdescription in the listed building enforcement notice; or

(b)vary the terms of the listed building enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

(2)Where the Secretary of State determines to allow the appeal, he may quash the notice.

(2A)The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87Sch. 3 para. 4 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

5For section 42(6) of that Act (power to execute works required by listed building enforcement notice) there is substituted—E+W

(6)Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 3 para. 5 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

6For section 43 of that Act (penalties for non-compliance) there is substituted—E+W

43 Offence where listed building enforcement notice not complied with.

(1)Where, at any time after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is then owner of the land is in breach of the notice.

(2)If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.

(3)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

(4)In proceedings against any person for an offence under this section, it shall be a defence for him to show—

(a)that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or

(b)that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.

(5)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,000; and

(b)on conviction on indictment, to a fine.

(6)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I89Sch. 3 para. 6 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

7After section 44 of that Act there is inserted—E+W

44A Injunctions.

(1)Where a local planning authority consider it necessary or expedient for any actual or apprehended contravention of section 9(1) or (2) to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part.

(2)On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.

(3)Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.

(4)The references in subsection (1) to a local planning authority include, as respects England, the Commission.

(5)In this section “the court” means the High Court or the county court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90 Sch. 3 para. 7 wholly in force: Sch. 3 para. 7 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 3 para. 7 wholly in force at 2.1.1992 so far as not already in force by S.I. 1991/2905, arts. 3, 5

8(1)Section 65 of that Act (appeals to High Court) is amended as follows.E+W

(2)After subsection (3) there is inserted—

(3A)In proceedings brought by virtue of this section, the High Court or, as the case may be, the Court of Appeal may, on such terms, if any, as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the listed building enforcement notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

(3)For subsection (5) there is substituted—

(5)No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91Sch. 3 para. 8 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

9(1)In section 88 of that Act (rights of entry)—E+W

(a)in subsection (1) after “on it” there is inserted “ or any other land ”,

(b)in subsection (2)(a) after “surveying it” there is inserted “ or any other land ”,

(c)in subsection (2)(b) after “complied with” there is inserted “ in relation to the land or any other land ”,

(d)in subsection (2)(c) after “on the land” there is inserted “ or any other land ”,

(e)in subsection (2)(d) for “such building” there is substituted “ building on the land or any other land ”,

(f)in subsection (3)(a) after “section 59” there is inserted “ in relation to the land or any other land ”, and

(g)in subsection (3)(b) and (c) after “the land” there is inserted “ or any other land ”.

(2)For subsection (7) of that section there is substituted—

88A Warrants to enter land.

(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.

88B Rights of entry: supplementary provisions.

(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.

(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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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92Sch. 3 para. 9 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Planning (Hazardous Substances) Act 1990 (c. 10.)E+W

10In section 23(4) of the Planning (Hazardous Substances) Act 1990 (offences)—E+W

(a)for “the statutory maximum” there is substituted “ £20,000 ”, and

(b)for the words following paragraph (b) there is substituted—

(4A)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I93Sch. 3 para. 10 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

11In section 24 of that Act (hazardous substances contravention notices)—E+W

(a)in subsection (1)(b) after “remedy” there is inserted “ wholly or partly ”, and

(b)in subsection (8) after “before” there is inserted “ or after ”, and

(c)at the end of subsection (9) there is inserted “ or would, if the notice were re-issued, be served with a copy of it ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I94Sch. 3 para. 11 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

12After that section there is inserted—E+W

24A Variation of hazardous substances contravention notices.

(1)A hazardous substances authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 24(5)(b) in the notice.

(2)The powers conferred by subsection (1) may be exercised before or after the notice takes effect.

(3)The hazardous substances authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I95Sch. 3 para. 12 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

13In section 25(2) of that Act (contravention notices: effect of appeal) after “shall” there is inserted “ subject to regulations under this section ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96Sch. 3 para. 13 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

14After section 26(2) of that Act (transitional exemptions) there is inserted—E+W

(2A)This section shall have effect until the end of the transitional period.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97Sch. 3 para. 14 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

15After section 26 of that Act there is inserted—E+W

26AA Injunctions.

(1)Where a hazardous substances authority consider it necessary or expedient for any actual or apprehended contravention of hazardous substances control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Act.

(2)On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.

(3)Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.

(4)In this section “the court” means the High Court or the county court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98 Sch. 3 para. 15 wholly in force: Sch. 3 para. 15 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 3 para. 15 wholly in force at 2.1.1992 so far as not already in force by S.I. 1991/2905, arts. 3, 5

16(1)Section 36 of that Act (rights of entry) is amended as follows.E+W

(2)In subsection (4) after “contravention notice” there is inserted “ or a notice under section 183 of the principal Act (as applied by regulations made by virtue of section 25) ”.

(3)For subsection (6) there is substituted—

36A Warrants to enter land.

(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 36; 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 a hazardous substances authority to enter the land.

(2)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.

(3)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.

36B Rights of entry: supplementary provisions.

(1)A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 36 or 36A (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.

(2)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.

(3)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.

(4)Subsection (3) 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.

(5)A person who is guilty of an offence under subsection (3) 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.

(6)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 36(5) 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 section as it applies in relation to compensation under Part IV of that Act.

(7)The authority of the appropriate Minister shall be required for the carrying out of works in the exercise of a power under section 36 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.

(8)Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (7) as it applies for the purposes of section 325(9) of the principal Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I99Sch. 3 para. 16 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Part IIE+W Minor and Consequential Amendments

Local Government, Planning and Land Act 1980 (c. 65.)E+W

17In Part I of Schedule 29 to the Local Government, Planning and Land Act 1980, the following are inserted at the appropriate places among the provisions of the M71Planning (Listed Buildings and Conservation Areas) Act 1990 there listed: 44A, 88 and 88A.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I100Sch. 3 para. 17 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Marginal Citations

Housing Act 1988 (c. 50.)E+W

18In section 67(3A) of the Housing Act 1988 for “25 and 36” there is substituted “ 26AA, 36 and 36A ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I101Sch. 3 para. 18 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9.)E+W

19In section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990—E+W

(a)in subsection (2) “within such period as may be so specified” is omitted,

(b)for subsection (3) there is substituted—

(3)A listed building enforcement notice—

(a)shall specify the date on which it is to take effect and, subject to sections 39(3) and 65(3A), shall take effect on that date, and

(b)shall specify the period within which any steps are required to be taken and may specify different periods for different steps,

and, where different periods apply to different steps, references in this Part to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken., and

(c)in subsection (4) for “specified date” there is substituted “ date specified in it as the date on which it is to take effect ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I102Sch. 3 para. 19 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

20In section 39(7) of that Act “in writing” is omitted.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I103Sch. 3 para. 20 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

21In section 42 of that Act—E+W

(a)in subsection (1) for “compliance period” there is substituted “ period for compliance with the notice ”, and

(b)subsection (7) is omitted.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I104Sch. 3 para. 21 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

22In section 46(4) of that Act for “sections 42 and 43” there is substituted “ section 42 ” and for “those sections” there is substituted “ that section ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I105Sch. 3 para. 22 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

23Section 55(6) of that Act is omitted.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I106Sch. 3 para. 23 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

24In section 82 of that Act—E+W

(a)in subsection (1) for “39(6), 42(6) and 55(6)” there is substituted “ and 39(6) ”, and

(b)in subsection (3) for “sections 39(6) and 42(6)” there is substituted “ section 39(6) ”.

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Commencement Information

I107Sch. 3 para. 24 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

25In section 88(6) of that Act for “subsection (7)” there is substituted “ section 88B(8) ” and “or the presence of minerals in it” is omitted.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I108Sch. 3 para. 25 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

26In section 90(6)(b) of that Act “and 42(6)” is omitted.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I109Sch. 3 para. 26 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

27In section 92(2)(b) of that Act “and 42(6)” is omitted.E+W

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Commencement Information

I110Sch. 3 para. 27 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

28In Schedule 3 to that Act, in paragraph 2(1)(b), after “section 41(1), (2)” there is inserted “ (2A) ”.E+W

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Commencement Information

I111Sch. 3 para. 28 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

29In Schedule 4 to that Act, in paragraph 5(b) for “and 88(2)(a) and (b)” there is substituted “ 44A, 88(2)(a) and (b) and 88A ”.E+W

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Commencement Information

I112Sch. 3 para. 29 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Planning (Hazardous Substances) Act 1990 (c. 10)E+W

30In section 25(1) of the Planning (Hazardous Substances) Act 1990—E+W

(a)in paragraph (b)(v) for “175(1) to (4)” there is substituted “ 175(1) to (3) ”, and

(b)in paragraph (c) “(1) to (5) and (7)” is omitted.

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Commencement Information

I113Sch. 3 para. 30 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

31In section 31(2) of that Act for “or 24” there is substituted “ 24 or 26AA ”.E+W

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Commencement Information

I114Sch. 3 para. 31 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

32In section 36(5) of that Act “Subject to subsection (6)” is omitted.E+W

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Commencement Information

I115Sch. 3 para. 32 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5

Section 27.

SCHEDULE 4E+W Development Plans

Part IE+W Streamlining of Development Plan System

1Part II of the principal Act (development plans) is amended as follows.E+W

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Commencement Information

I116Sch. 4 para. 1 wholly in force: Sch. 4 para. 1 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 1 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Unitary development plansE+W

2(1)In section 12 (content of unitary development plan), in subsection (3) for the words from “other” to the end there is substituted use of land in their area. E+W

(3A)The policies shall, subject to subsection (3B), include policies in respect of—

(a)the conservation of the natural beauty and amenity of the land;

(b)the improvement of the physical environment; and

(c)the management of traffic.

(3B)Regulations under this section may prescribe the aspects of such development and use with which the general policies in Part I of a unitary development plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.

(2)In subsection (4)(a) of that section “other”, in the second place where it occurs, and “or for any description of development or other use of such land” are omitted.

(3)For subsection (6) of that section there is substituted—

(6)In formulating the general policies in Part I of a unitary development plan the authority shall have regard to—

(a)any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;

(b)current national policies;

(c)the resources likely to be available; and

(d)such other matters as the Secretary of State may prescribe or, in a particular case, direct.

(4)After subsection (7) of that section there is inserted—

(7A)In formulating their proposals in Part II of a unitary development plan, the authority shall have regard to such information and other considerations as the Secretary of State may prescribe or, in a particular case, direct.

(5)At the end of that section there is inserted—

(10)Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.

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Commencement Information

I117Sch. 4 para. 2 wholly in force: Sch. 4 para. 2 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 2 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

3After that section there is inserted—E+W

12A Urban development corporations.

(1)The Secretary of State may direct that a unitary development plan—

(a)shall not be prepared; or

(b)shall not operate,

in relation to the area of an urban development corporation.

(2)The Secretary of State may direct that proposals for the alteration or replacement of a unitary development plan shall not be prepared in relation to the area of an urban development corporation.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I118Sch. 4 para. 3 wholly in force at 10.2.1992, see s. 84(2)(3) and S.I. 1991/2905, art. 4

4For section 13 (publicity in connection with preparation of unitary development plan) there is substituted—E+W

13 Public participation.

(1)When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall—

(a)comply with—

(i)any requirements imposed by regulations made under section 26; and

(ii)any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b)consider any representations made in accordance with those regulations.

(2)Where the local planning authority have prepared a unitary development plan, before adopting it they shall—

(a)make copies of it available for inspection at such places as may be prescribed by those regulations;

(b)send a copy to the Secretary of State; and

(c)comply with any requirements imposed by those regulations.

(3)Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(4)In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 26 and in this Chapter “objections made in accordance with the regulations” means objections made—

(a)in accordance with regulations made under that section; and

(b)within the prescribed period.

(5)The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

(6)A unitary development plan shall not be adopted by the authority under section 15 until—

(a)after they have considered any objections made in accordance with the regulations; or

(b)if no such objections are made, after the expiry of the prescribed period.

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Commencement Information

I119Sch. 4 para. 4 wholly in force: Sch. 4 para. 4 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 4 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

5In section 14 (withdrawal of unitary development plan)—E+W

(a)in subsections (2) and (4) for “13(3)” there is substituted “ 13(2) ”; and

(b)subsection (3) (concerning publicity) is omitted.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I120Sch. 4 para. 5 wholly in force: Sch. 4 para. 5 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 5 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

6In section 15 (adoption of unitary development plan by local planning authority) for subsection (1) there is substituted—E+W

(1)Subject to the following provisions of this section and sections 17 and 18, the local planning authority may by resolution adopt the unitary development plan, either as originally prepared or as modified so as to take account of—

(a)any objections to the plan; or

(b)any other considerations which appear to them to be material.

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Commencement Information

I121Sch. 4 para. 6 wholly in force: Sch. 4 para. 6 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 6 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

7In section 16 (local inquiries) for subsection (1) there is substituted—E+W

(1)Where any objections have been made, in accordance with the regulations, to proposals for a unitary development plan copies of which have been made available for inspection under section 13(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.

(1A)The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.

(1B)The local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

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Commencement Information

I122Sch. 4 para. 7 wholly in force: Sch. 4 para. 7 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 7 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

8In section 17(1) (direction to consider proposals) for “consider modifying” there is substituted “ modify ”.E+W

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Commencement Information

I123Sch. 4 para. 8 wholly in force: Sch. 4 para. 8 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 8 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

9In sections 17(1) and 18(1) for “13(3)”, in both places where it occurs, there is substituted “ 13(2) ”.E+W

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Commencement Information

I124Sch. 4 para. 9 wholly in force: Sch. 4 para. 9 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 9 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

10In section 19(2) (approval of unitary development plan by Secretary of State) after “taken into account in” there is inserted “ preparing ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I125Sch. 4 para. 10 wholly in force: Sch. 4 para. 10 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 10 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

11In section 20(1) (local inquiry, public examination and consultation by Secretary of State) for “regulations under this Chapter” there is substituted “ the regulations. ”E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 4 para. 11 wholly in force: Sch. 4 para. 11 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 11 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

12(1)In section 21 (alteration or replacement of unitary development plan) for subsection (1) there is substituted—E+W

(1)A local planning authority may at any time prepare proposals—

(a)for alterations to the unitary development plan for their area; or

(b)for its replacement.

(1A)If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—

(a)such alterations to the unitary development plan as he directs; or

(b)its replacement.

(1B)An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a unitary development plan if the plan or any part of it has been approved by the Secretary of State.

(2)In subsection (2) of that section “Subject to section 22” is omitted.

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Commencement Information

I127Sch. 4 para. 12 wholly in force: Sch. 4 para. 12 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 12 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

13Section 22 (short procedure for certain alterations and replacements) is omitted.E+W

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Commencement Information

I128Sch. 4 para. 13 wholly in force: Sch. 4 para. 13 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 13 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

14In section 23 (joint unitary development plans)—E+W

(a)subsections (2) to (4) and (9) and (10) are omitted;

(b)in subsection (5) for “(3)” there is substituted “ (2) ”;

(c)in subsection (6) for “(4)” there is substituted “ (3) ”; and

(d)in subsection (8) for “making” there is substituted “ preparing ” and for “make” there is substituted “ prepare ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I129Sch. 4 para. 14 wholly in force: Sch. 4 para. 14 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 14 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

15In section 26(2) (regulations with respect to publicity, etc. for unitary development plans)—E+W

(a)after paragraph (c) there is inserted—

(cc)make provision with respect to the circumstances in which representations with respect to the matters to be included in a plan or proposals are to be treated, for any of the purposes of this Chapter, as being objections made in accordance with the regulations;

(b)in paragraph (f) for the words from “for the purpose” to “22(2)(b)” there is substituted “ in compliance with the regulations or available for inspection under section 13(2) ”; and

(c)after that paragraph there is inserted—

(ff)make provision for steps taken in compliance with the regulations in respect of a unitary development plan which has been withdrawn to be taken into account in prescribed circumstances for the purposes of complying with the regulations in respect of a subsequent unitary development plan;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I130Sch. 4 para. 15 wholly in force: Sch. 4 para. 15 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 15 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

Structure and local plansE+W

16In section 31 (structure plans: continuity, form and content), for subsections (2) to (5) there is substituted—E+W

(2)A structure plan shall contain a written statement formulating the authority’s general policies in respect of the development and use of land in their area.

(3)The policies shall, subject to subsection (4), include policies in respect of—

(a)the conservation of the natural beauty and amenity of the land;

(b)the improvement of the physical environment; and

(c)the management of traffic.

(4)Regulations under this section may prescribe the aspects of such development and use with which the general policies in a structure plan are to be concerned, in which case the policies shall be concerned with those aspects and no others.

(5)A structure plan shall also contain —

(a)such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies as may be prescribed; and

(b)such other matters as the Secretary of State may, in any particular case, direct.

(6)In formulating their general policies the authority shall have regard to—

(a)any regional or strategic planning guidance given by the Secretary of State to assist them in the preparation of the plan;

(b)current national policies;

(c)the resources likely to be available; and

(d)such other matters as the Secretary of State may prescribe or, in a particular case, direct.

(7)Where there is in operation, by virtue of section 7(7) of the 1971 Act, a structure plan relating to part of the area of a local planning authority, the authority shall, within such period (if any) as the Secretary of State may direct, prepare proposals for replacing the structure plans for the time being in operation with a single structure plan relating to the whole of their area.

(8)The following provisions of this Chapter apply to such replacement as they apply to replacement in exercise of the power in section 32(1)(b).

(9)Regulations under this section may make different provision for different cases and shall be subject to any direction given, in a particular case, by the Secretary of State.

(10)For the purposes of this section, except subsection (6)(b), “policies” includes proposals.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I131Sch. 4 para. 16 wholly in force: Sch. 4 para. 16 in force for certain purposes at 25.11.1991, see s. 84(2)(3) and S.I. 1991/2728, art. 2; Sch. 4 para. 16 in force at 10.2.1992 so far as not already in force by S.I. 1991/2905, art. 4

17For sections 32 to 41 (provisions with respect to the alteration and replacement of structure plans and the making, alteration and replacement of local plans and related provisions) there is substituted—E+W

32 Alteration and replacement of structure plans.

(1)A local planning authority may at any time prepare proposals—

(a)for alterations to the structure plan for their area; or

(b)for its replacement.

(2)If the Secretary of State directs them to do so, the authority shall prepare, within such time as he may direct, proposals for—

(a)such alterations to the structure plan as he directs; or

(b)its replacement.

(3)An authority shall not, without the consent of the Secretary of State, prepare proposals in respect of a structure plan if the plan or any part of it has been approved by the Secretary of State under section 35A.

(4)Proposals for the alteration of a structure plan may relate to the whole or part of the area to which the plan relates.

(5)Proposals prepared under this section shall be accompanied by an explanatory memorandum.

(6)The explanatory memorandum shall state—

(a)the reasons which in the opinion of the authority justify each of their proposals;

(b)any information on which the proposals are based;

(c)the relationship of the proposals to general policies for the development and use of land in neighbouring areas which may be expected to affect the area to which the proposals relate,

and may contain such illustrative material as the authority think appropriate.

(7)Proposals for the alteration or replacement of a structure plan shall not become operative unless they are—

(a)adopted by the authority (under section 35); or

(b)approved by the Secretary of State (under section 35A).

33 Public participation.

(1)When preparing proposals for the alteration or replacement of a structure plan for their area and before finally determining their contents the local planning authority shall—

(a)comply with—

(i)any requirements imposed by regulations made under section 53; and

(ii)any particular direction given to them by the Secretary of State with respect to a matter falling within any of paragraphs (a) to (c) or (e) of subsection (2) of that section; and

(b)consider any representations made in accordance with those regulations.

(2)Where the authority have prepared proposals for the alteration or replacement of a structure plan they shall—

(a)make copies of the proposals and the explanatory memorandum available for inspection at such places as may be prescribed by those regulations;

(b)send a copy of the proposals and the explanatory memorandum to the Secretary of State; and

(c)comply with any requirements imposed by those regulations.

(3)Each copy made available for inspection or sent under subsection (2) shall be accompanied by a statement of the prescribed period within which objections may be made to the authority.

(4)In this section “the prescribed period” means such period as may be prescribed by or determined in accordance with regulations made under section 53 and in this Chapter “objections made in accordance with the regulations” means objections made—

(a)in accordance with regulations made under that section; and

(b)within the prescribed period.

(5)The persons who may make objections in accordance with the regulations include, in particular, the Secretary of State.

(6)The proposals shall not be adopted by the authority under section 35 until—

(a)after they have considered any objections made in accordance with the regulations; or

(b)if no such objections are made, after the expiry of the prescribed period.

34 Withdrawal of proposals for alteration and replacement of structure plans.

(1)Proposals for the alteration or replacement of a structure plan may be withdrawn by the local planning authority at any time before they have adopted them or the Secretary of State has approved them.

(2)On the withdrawal of such proposals, the authority shall—

(a)withdraw the copies made available for inspection in accordance with section 33(2); and

(b)give notice that the proposals have been withdrawn to every person who has made an objection to them.

35 Adoption of proposals.

(1)Subject to subsection (3) and sections 35A and 35B, the local planning authority may by resolution adopt proposals for the alteration or replacement of a structure plan, either as originally prepared or as modified so as to take account of—

(a)any objections to the proposals; or

(b)any other considerations which appear to them to be material.

(2)If it appears to the Secretary of State that the proposals are unsatisfactory he may, at any time before the local planning authority have adopted the proposals, direct the authority to modify the proposals in such respects as are indicated in the direction.

(3)An authority to whom such a direction is given shall not adopt the proposals unless—

(a)they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction; or

(b)the direction is withdrawn.

(4)Subject to the following provisions of this Chapter and to section 287, proposals for the alteration or replacement of a structure plan shall become operative on the date on which they are adopted.

35A Calling in of proposals for approval by Secretary of State.

(1)The Secretary of State may, at any time before the local planning authority have adopted proposals for the alteration or replacement of a structure plan, direct that all or any part of the proposals shall be submitted to him for his approval.

(2)If he gives such a direction—

(a)the local planning authority shall not take any further steps for the adoption of any of the proposals until the Secretary of State has given his decision on the proposals or the relevant part of the proposals; and

(b)the proposals or the relevant part of the proposals shall not have effect unless approved by him and shall not require adoption by the authority under section 35.

(3)Subsection (2)(a) applies in particular to holding or proceeding with an examination in public under section 35B(1).

(4)The Secretary of State may, after considering proposals submitted to him in compliance with a direction under subsection (1)—

(a)approve them, in whole or in part and with or without modifications or reservations; or

(b)reject them.

(5)In considering proposals so submitted to him the Secretary of State—

(a)shall take into account any objections made in accordance with the regulations; and

(b)may take into account any matters which he thinks relevant, whether or not they were taken into account in preparing the proposals.

(6)For the purpose of taking into account any objection or matter, the Secretary of State may, but need not, consult with any local planning authority or other person.

(7)The Secretary of State shall give the authority such statement as he considers appropriate of the reasons governing his decision on any proposals submitted to him.

(8)Subject to section 287, proposals approved by the Secretary of State under this section shall become operative on such day as he may appoint.

35B Examination in public.

(1)Before adopting proposals for the alteration or replacement of a structure plan, the local planning authority shall, unless the Secretary of State otherwise directs, cause an examination in public to be held of such matters affecting the consideration of the proposals as—

(a)they consider ought to be so examined; or

(b)the Secretary of State directs.

(2)Where proposals are submitted to the Secretary of State in compliance with a direction under section 35A(1), he may cause an examination in public to be held of any matter specified by him.

(3)An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.

(4)No person shall have a right to be heard at an examination in public.

(5)The following may take part in an examination in public—

(a)in the case of an examination held under subsection (1), the local planning authority; and

(b)in any case, any person invited to do so by the person or persons holding the examination or the person causing the examination to be held.

(6)The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination in public.

(7)An examination in public shall constitute a statutory inquiry for the purposes of section l(l)(c) of the M72Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.

35C Duties to notify authorities responsible for local plans

(1)An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are adopted or approved—

(a)notify any authority responsible for a local plan in their area that the proposals have been adopted or approved; and

(b)supply that authority with a statement that the local plan is or, as the case may be, is not in general conformity with the altered or new structure plan.

(2)A statement that a local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.

(3)An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are withdrawn, notify any authority responsible for a local plan in their area that the proposals have been withdrawn.

(4)Nothing in this section requires an authority to notify or supply a statement to themselves.

(5)For the purposes of this section an authority shall be regarded as responsible—

(a)for a structure plan, if they are entitled to prepare proposals for its alteration or replacement; and

(b)for a local plan, if they are under a duty to prepare a local plan or are entitled to prepare proposals for its alteration or replacement.