Part XV

Miscellaneous and General Provisions

Miscellaneous and general provisions

Service of notices.
329
1
Any notice or other document required or authorised to be served or given under this Act may be served or given either—
a
by delivering it to the person on whom it is to be served or to whom it is to be given; or
b
by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address; or
c
by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or, in a case where an address for service has been given by that person, at that address; or
cc
in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (3A), to that person at that address (subject to subsection (3B)); or
d
in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.
2
Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—
a
it is addressed to him either by name or by the description of “the owner” or, as the case may be, “the occupier” of the premises (describing them) and is delivered or sent in the manner specified in subsection (1)(a), (b) or (c); or
b
it is so addressed and is marked in such a manner as may be prescribed for securing that it is plainly identifiable as a communication of importance and—
i
it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or
ii
it is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.
3
Where—
a
the notice or other document is required to be served on or given to all persons who have interests in or are occupiers of premises comprised in any land, and
b
it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied,
the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to “the owners and any occupiers” of that part of the land (describing it) and is affixed conspicuously to some object on the land.
3A
The condition mentioned in subsection (1)(cc) is that the notice or other document shall be—
a
capable of being accessed by the person mentioned in that provision;
b
legible in all material respects; and
c
in a form sufficiently permanent to be used for subsequent reference;
and for this purpose “
legible in all material respects
” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.
3B
Subsection (1)(cc) shall not apply to—
a
service of a planning contravention notice;
b
service of a copy of an enforcement notice by a local planning authority;
c
giving of notice under section 173A of the exercise of powers conferred by subsection (1) of that section;
d
service under section 181(4) of notice of a local planning authority’s intention to take steps required by an enforcement notice;
e
service of an enforcement notice issued by the Secretary of State;
f
service of a stop notice, or of notice of withdrawal of a stop notice, by a local planning authority;
g
service of a stop notice by the Secretary of State;
h
service of a breach of condition notice or of notice of withdrawal of a breach of condition notice;
i
giving of notice of the making of a tree preservation order, or service of a copy of such an order, in accordance with
regulations under section 199
tree preservation regulations
;
j
service of a notice under section 215 requiring steps to be taken to remedy the condition of any land;
k
service of a notice under section 330 requiring information as to interests in land.
4
This section is without prejudice to section 233 of the
Local Government Act 1972 (general provisions as to service of notices by local authorities).
S. 329 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3
S. 329 applied (E.) (1.10.2006) by The Environmental Impact Assessment (Agriculture) (England) Regulations 2006 (S.I. 2006/2362), reg. 7(6)
S. 329 applied (E.) (10.10.2006) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 (S.I. 2006/2362), regs. 1(2), 6(6)
S. 329: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 329(1)(2)(4) applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 16(2)
S. 329(4) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.51 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
1972 c. 70.
S. 329(1)(cc) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), art. 4(2); (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) Order 2004 (S.I. 2004/3156), art. 4(2) (with art. 14)
S. 329(3A)(3B) inserted (E.) (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), art. 4(3), (W.) (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) Order 2004 (S.I. 2004/3156), art. 4(3) (with art. 14)
S. 329 applied (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 108
S. 329 applied (E.) (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 65 (with regs. 47, 70)
Words in s. 329(3B)(i) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 18 (with s. 226); S.I. 2012/601, art. 2(a)