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Planning and Compulsory Purchase Act 2004

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Regional functions

    1. Spatial strategy

      1. 1.Regional Spatial Strategy

    2. Planning bodies

      1. 2.Regional planning bodies

      2. 3.RPB: general functions

      3. 4.Assistance from certain local authorities

    3. RSS revision

      1. 5.RSS: revision

      2. 6.RSS: community involvement

      3. 7.RSS: Secretary of State’s functions

      4. 8.RSS: examination in public

      5. 9.RSS: further procedure

      6. 10.Secretary of State: additional powers

    4. Supplementary

      1. 11.Regulations

      2. 12.Supplementary

  3. Part 2 Local development

    1. Survey

      1. 13.Survey of area

      2. 14.Survey of area: county councils

    2. Development schemes

      1. 15.Local development scheme

      2. 16.Minerals and waste development scheme

    3. Documents

      1. 17.Local development documents

      2. 18.Statement of community involvement

      3. 19.Preparation of local development documents

      4. 20.Independent examination

      5. 21.Intervention by Secretary of State

      6. 22.Withdrawal of local development documents

      7. 23.Adoption of local development documents

      8. 24.Conformity with regional strategy

      9. 25.Revocation of local development documents

      10. 26.Revision of local development documents

      11. 27.Secretary of State’s default power

      12. 28.Joint local development documents

    4. Joint committees

      1. 29.Joint committees

      2. 30.Joint committees: additional functions

      3. 31.Dissolution of joint committee

    5. Miscellaneous

      1. 32.Exclusion of certain representations

      2. 33.Urban development corporations

      3. 34.Guidance

      4. 35.Annual monitoring report

    6. General

      1. 36.Regulations

      2. 37.Interpretation

  4. Part 3 Development

    1. Development plan

      1. 38.Development plan

    2. Sustainable development

      1. 39.Sustainable development

  5. Part 4 Development control

    1. Local development orders

      1. 40.Local development orders

    2. Revision of development orders

      1. 41.Effect of revision or revocation of development order on incomplete development

    3. Applications

      1. 42.Applications for planning permission and certain consents

      2. 43.Power to decline to determine applications

    4. Major infrastructure projects

      1. 44.Major infrastructure projects

    5. Simplified planning zones

      1. 45.Simplified planning zones

    6. Planning contribution

      1. 46.Planning contribution

      2. 47.Planning contribution: regulations

      3. 48.Planning contribution: Wales

    7. Miscellaneous

      1. 49.Development to include certain internal operations

      2. 50.Appeal made: functions of local planning authority

      3. 51.Duration of permission and consent

      4. 52.Temporary stop notice

      5. 53.Fees and charges

      6. 54.Duty to respond to consultation

      7. 55.Time in which Secretary of State to take decisions

  6. Part 5 Correction of errors

    1. 56.Correction of errors in decisions

    2. 57.Correction notice

    3. 58.Effect of correction

    4. 59.Supplementary

  7. Part 6 Wales

    1. Spatial plan

      1. 60.Wales Spatial Plan

    2. Survey

      1. 61.Survey

    3. Plans

      1. 62.Local development plan

      2. 63.Preparation requirements

      3. 64.Independent examination

      4. 65.Intervention by Assembly

      5. 66.Withdrawal of local development plan

      6. 67.Adoption of local development plan

      7. 68.Revocation of local development plan

      8. 69.Review of local development plan

      9. 70.Revision of local development plan

      10. 71.Assembly’s default power

      11. 72.Joint local development plans

    4. Miscellaneous

      1. 73.Exclusion of certain representations

      2. 74.Urban development corporations

      3. 75.Guidance

      4. 76.Annual monitoring report

    5. General

      1. 77.Regulations

      2. 78.Interpretation

  8. Part 7 Crown application of planning Acts

    1. Chapter 1 England and Wales

      1. Crown application

        1. 79.Crown application of planning Acts

      2. National security

        1. 80.Special provision relating to national security

        2. 81.Special provision relating to national security: Wales

      3. Urgent development and works

        1. 82.Urgent Crown development

        2. 83.Urgent works relating to Crown land

      4. Enforcement

        1. 84.Enforcement in relation to Crown land

      5. Trees

        1. 85.Tree preservation orders: Forestry Commissioners

        2. 86.Trees in conservation areas: acts of Crown

      6. Miscellaneous

        1. 87.Old mining permissions

        2. 88.Subordinate legislation

        3. 89.Crown application: transitional

    2. Chapter 2 Scotland

      1. Crown application

        1. 90.Crown application of Scottish planning Acts

      2. National security

        1. 91.Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland

      3. Urgent development and works

        1. 92.Urgent Crown development: Scotland

        2. 93.Urgent works relating to Crown land: Scotland

      4. Enforcement

        1. 94.Enforcement in relation to Crown land: Scotland

      5. Trees

        1. 95.Tree preservation orders: Scotland

        2. 96.Trees in conservation areas in Scotland: acts of Crown

      6. Miscellaneous

        1. 97.Old mining permissions: Scotland

        2. 98.Subordinate legislation: Scotland

  9. Part 8 Compulsory purchase

    1. Acquisition of land for development

      1. 99.Compulsory acquisition of land for development etc

    2. Authorisation of compulsory acquisition

      1. 100.Procedure for authorisation by authority other than a Minister

      2. 101.Procedure for authorisation by a Minister

      3. 102.Confirmation by acquiring authority

    3. Valuation date

      1. 103.Assessment of compensation: valuation date

    4. Advance payments

      1. 104.Compensation: advance payments to mortgagees

    5. Information

      1. 105.Power to require information

    6. Loss payments

      1. 106.Basic loss payment

      2. 107.Occupier’s loss payment

      3. 108.Loss payments: exclusions

      4. 109.Loss payments: supplementary

    7. Corresponding amendments of other enactments

      1. 110.Corresponding amendments of other enactments

  10. Part 9 Miscellaneous and general

    1. Crown

      1. 111.Crown

    2. Parliament

      1. 112.Parliament

    3. Miscellaneous

      1. 113.Validity of strategies, plans and documents

      2. 114.Examinations

      3. 115.Grants for advice and assistance

      4. 116.Isles of Scilly

      5. 117.Interpretation

    4. General

      1. 118.Amendments

      2. 119.Transitionals

      3. 120.Repeals

      4. 121.Commencement

      5. 122.Regulations and orders

      6. 123.Finance

      7. 124.Extent

      8. 125.Short Title

  11. SCHEDULES

    1. SCHEDULE 1

      Local development orders: procedure

    2. SCHEDULE 2

      Timetable for decisions

      1. 1.Decisions

      2. 2.(1) This Schedule also applies to a decision not mentioned...

      3. 3.But the Secretary of State may by order specify decisions...

      4. 4.Timetable

      5. 5.Notice

      6. 6.Variation

      7. 7.Written reasons

      8. 8.Annual report

    3. SCHEDULE 3

      Crown application

      1. 1.Purchase notices

      2. 2.After section 32 of the listed buildings Act (circumstances in...

      3. 3.Compulsory acquisition

      4. 4.(1) Section 228 of the principal Act (compulsory acquisition of...

      5. 5.(1) Section 47 of the listed buildings Act (compulsory acquisition...

      6. 6.Definitions

      7. 7.In the listed buildings Act after section 82B (inserted by...

      8. 8.(1) Section 31 of the hazardous substances Act (exercise of...

      9. 9.Special enforcement notices

      10. 10.Applications for planning permission, etc.

      11. 11.After section 82E of the listed buildings Act (inserted by...

      12. 12.(1) After section 31 of the hazardous substances Act (exercise...

      13. 13.Rights of entry

      14. 14.After section 88B of the listed buildings Act (rights of...

      15. 15.After section 36B of the hazardous substances Act (rights of...

      16. 16.Service of notices

      17. 17.Information as to interests in land

      18. 18.Listed buildings and conservation areas

      19. 19.(1) Section 89(1) of the listed buildings Act (application of...

      20. 20.Hazardous substances

      21. 21.(1) Section 37(2) of the hazardous substances Act (application of...

      22. 22.Miscellaneous

      23. 23.Section 297 of the principal Act (agreements relating to Crown...

      24. 24.(1) Section 298 of the principal Act (supplementary provisions as...

      25. 25.Section 299A of the principal Act (Crown planning obligations) is...

      26. 26.(1) Section 300 of the principal Act (tree preservation orders...

      27. 27.(1) Section 301 of the principal Act (requirement of planning...

    4. SCHEDULE 4

      Transitional provisions: Crown application

      1. Part 1 The principal Act

        1. 1.Introduction

        2. 2.In this Part— (a) the relevant date is the date...

        3. 3.Acceptable development

        4. 4.(1) This paragraph applies if before the relevant date the...

        5. 5.Referred proposals

        6. 6.Pending proposals

      2. Part 2 The listed buildings Act

        1. 7.Introduction

        2. 8.In this Part— (a) the relevant date is the date...

        3. 9.Acceptable works

        4. 10.(1) This paragraph applies if before the relevant date the...

        5. 11.Referred proposals

        6. 12.Pending proposals

    5. SCHEDULE 5

      Crown application: Scotland

      1. 1.Purchase notices

      2. 2.In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act...

      3. 3.Compulsory acquisition

      4. 4.(1) Section 190 of that Act (compulsory acquisition of land...

      5. 5.(1) In the Scottish listed buildings Act, section 42 (compulsory...

      6. 6.Definitions

      7. 7.In the Scottish listed buildings Act, after section 73B (inserted...

      8. 8.(1) In the Planning (Hazardous Substances) (Scotland) Act 1997 (c....

      9. 9.Special enforcement notices

      10. 10.Applications for planning permission, etc.

      11. 11.After section 73E of the Scottish listed buildings Act (inserted...

      12. 12.In the Scottish hazardous substances Act, section 32 (application for...

      13. 13.Before section 33 of that Act there is inserted— Applications...

      14. 14.Rights of entry

      15. 15.After section 78 of the Scottish listed buildings Act (rights...

      16. 16.After section 35 of the Scottish hazardous substances Act (rights...

      17. 17.Service of notices

      18. 18.Information as to interests in land

      19. 19.Listed buildings and conservation areas

      20. 20.(1) In the Scottish listed buildings Act, section 79 (application...

      21. 21.Hazardous substances

      22. 22.(1) In the Scottish hazardous substances Act, section 36 (application...

      23. 23.Miscellaneous

      24. 24.In the principal Scottish Act, for section 247 (supplementary provisions...

      25. 25.(1) In the principal Scottish Act, section 249 (tree preservation...

      26. 26.(1) In the principal Scottish Act, section 250 (requirement of...

    6. SCHEDULE 6

      Amendments of the planning Acts

      1. 1.Town and Country Planning Act 1990 (c. 8)

      2. 2.In section 55(2)(b) (meaning of development) the word “local” is...

      3. 3.For section 69 there is substituted the following section— Register...

      4. 4.Section 76 (Duty to draw attention to certain provisions for...

      5. 5.Sections 106 to 106B (planning obligations) are omitted.

      6. 6.In section 108 (compensation for refusal of planning permission formerly...

      7. 7.(1) In section 245 (modification of incorporated enactments), subsections (2)...

      8. 8.In section 284(1) (restriction on challenge to validity of certain...

      9. 9.(1) Section 287 (procedure for questioning the validity of certain...

      10. 10.(1) Section 296 (exercise of powers in relation to Crown...

      11. 11.(1) Section 303A (recovery of costs of certain inquiries) is...

      12. 12.In section 306 (2) (local authorities and statutory undertakers may...

      13. 13.In section 324(1) (rights of entry) for paragraph (a) there...

      14. 14.(1) Section 333 (provision about regulations and orders) is amended...

      15. 15.In section 336(1) (interpretation) for the definition of development plan...

      16. 16.(1) Schedule 1 (distribution of functions of local planning authorities)...

      17. 17.In Schedule 2 (transitional provisions relating to development plans) Parts...

      18. 18.(1) Schedule 13 (blighted land) is amended as follows.

      19. 19.Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

      20. 20.In section 10(3) (regulations relating to applications for listed building...

      21. 21.In section 23(2) (matters to which regard is to be...

      22. 22.In section 26(2) (matters to which regard is to be...

      23. 23.In section 67 (publicity for applications affecting the setting of...

      24. 24.In section 73 (publicity for applications affecting conservation areas) for...

      25. 25.In section 91(2) (interpretation) ““development plan”” is omitted.

      26. 26.In section 93 (provision about regulations and orders) after subsection...

      27. 27.Planning (Hazardous Substances) Act 1990 (c. 10)

    7. SCHEDULE 7

      Amendments of other enactments

      1. 1.Gas Act 1965 (c. 36)

      2. 2.Finance Act 1969 (c. 32)

      3. 3.Leasehold Reform Act 1967 (c. 88)

      4. 4.Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

      5. 5.Countryside Act 1968 (c. 41)

      6. 6.Greater London Council (General Powers) Act 1969 (c lii)

      7. 7.Land Compensation Act 1973 (c. 26)

      8. 8.Greater London Council (General Powers) Act 1973 (c xxx)

      9. 9.Welsh Development Agency Act 1975 (c. 70)

      10. 10.Local Government, Planning and Land Act 1980 (c. 65)

      11. 11.Highways Act 1980 (c. 66)

      12. 12.Acquisition of Land Act 1981 (c. 67)

      13. 13.Housing Act 1985 (c. 68)

      14. 14.Education Reform Act 1988 (c. 40)

      15. 15.Housing Act 1988 (c. 50)

      16. 16.Planning and Compensation Act 1991 (c. 34)

      17. 17.Local Government Act 1992 (c. 19)

      18. 18.Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

      19. 19.Environment Act 1995 (c. 25)

      20. 20.Town and Country Planning (Scotland) Act 1997 (c. 8)

      21. 21.Regional Development Agencies Act 1998 (c. 45)

      22. 22.Greater London Authority Act 1999 (c. 29)

      23. 23.Countryside and Rights of Way Act 2000 (c. 37)

    8. SCHEDULE 8

      Transitional provisions: Parts 1 and 2

      1. 1.Development plan

      2. 2.Structure plans

      3. 3.Unitary development plan

      4. 4.(1) This paragraph applies if— (a) before the relevant date...

      5. 5.(1) If paragraph 4 does not apply the provisions of...

      6. 6.If proposals are adopted or approved in pursuance of paragraph...

      7. 7.(1) This paragraph applies if at the date of commencement...

      8. 8.Local plan

      9. 9.(1) This paragraph applies if— (a) before the relevant date...

      10. 10.(1) If paragraph 9 does not apply the provisions of...

      11. 11.(1) This paragraph applies if the Secretary of State thinks—...

      12. 12.If proposals are adopted or approved in pursuance of paragraphs...

      13. 13.(1) This paragraph applies if at the date of commencement...

      14. 14.Minerals and waste local plans

      15. 15.Schemes

      16. 16.Savings

      17. 17.Regulations and orders

      18. 18.The Secretary of State may by regulations make provision—

      19. 19.Interpretation

    9. SCHEDULE 9

      Repeals

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