Royal Arms Town and Country Planning Act 1990


1990 c. 8

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Part I
Planning Authorities
1.  Local planning authorities: general.
2.  Joint planning boards.
3.  Joint planning committee for Greater London.
4.  National Parks.
5.  The Broads.
6.  Enterprise zones.
7.  Urban development areas.
8.  Housing action areas.
9.  Power to make consequential and supplementary provision about authorities.
Part II
Development Plans
Chapter I
Unitary Development Plans: Metropolitan Areas Including London
10.  Application of Chapter I to Greater London and metropolitan counties.
Surveys, etc.
11.  Survey of planning areas.
Preparation and adoption of unitary development plans
12.  Preparation of unitary development plan.
13.  Publicity in connection with preparation of unitary development plan.
14.  Withdrawal of unitary development plan.
15.  Adoption of unitary development plan by local planning authority.
16.  Local inquiries.
Secretary of State's powers concerning plans
17.  Direction to reconsider proposals.
18.  Calling in of unitary development plan for approval by Secretary of State.
19.  Approval of unitary development plan by Secretary of State.
20.  Local inquiry, public examination and consultation by Secretary of State.
Alteration of plans
21.  Alteration or replacement of unitary development plan.
22.  Short procedure for certain alterations and replacements.
Joint plans
23.  Joint unitary development plans.
24.  Disregard of certain representations.
25.  Default powers.
26.  Regulations and directions.
27.  Meaning of "development plan" in Greater London and metropolitan counties.
28.  Commencement of Chapter I: transitional provisions.
Chapter II
Structure and Local Plans: Non-Metropolitan Areas
29.  Application of Chapter II to non-metropolitan areas.
Surveys, etc.
30.  Survey of planning areas.
Structure plans
31.  Structure plans: continuity, form and content.
32.  Alteration and replacement of structure plans.
33.  Publicity in connection with proposals for alteration or replacement of structure plans.
34.  Withdrawal of proposals for alteration or replacement of structure plans.
35.  Approval or rejection of proposals for alteration or replacement of structure plans.
Local plans
36.  Local plans.
37.  Local plan schemes.
38.  Power of Secretary of State to direct making of local plan, etc.
39.  Publicity and consultation: general.
40.  Publicity and consultation: short procedure for certain alterations, etc.
41.  Powers of Secretary of State to secure adequate publicity and consultation.
42.  Objections: local inquiry or other hearing.
43.  Adoption of proposals.
44.  Calling in of proposals for approval by Secretary of State.
45.  Approval of proposals by Secretary of State.
Conformity between plans
46.  Certificate of conformity.
47.  Alteration of structure plan.
48.  Local plan to prevail in cases of conflict with structure plan.
49.  Disregarding of representations with respect to development authorised by or under other enactments.
50.  Joint structure and local plans.
51.  Default powers.
52.  Reviews of plans in enterprise zones.
53.  Supplementary provisions as to structure and local plans.
54.  Meaning of "development plan" outside Greater London and the metropolitan counties.
Part III
Control over development
Meaning of development
55.  Meaning of "development" and "new development".
56.  Time when development begun.
Requirement for planning permission
57.  Planning permission required for development.
58.  Granting of planning permission: general.
Development orders
59.  Development orders: general.
60.  Permission granted by development order.
61.  Development orders: supplementary provisions.
Applications for planning permission
62.  Form and content of applications for planning permission.
63.  Applications in connection with existing buildings and uses.
64.  Applications to determine whether planning permission required.
Publicity for applications
65.  Publication of notices of applications for planning permission for designated development.
66.  Notification of applications to owners and agricultural tenants.
67.  Notification of applications for planning permission for mineral working.
68.  Further provisions as to certificates under sections 65 to 67.
69.  Registers of applications, etc.
Determination of applications
70.  Determination of applications: general considerations.
71.  Consultations in connection with determinations under s. 70.
72.  Conditional grant of planning permission.
73.  Determination of applications to develop land without compliance with conditions previously attached.
74.  Directions etc. as to method of dealing with applications.
75.  Effect of planning permission.
76.  Duty to draw attention to certain provisions for benefit of disabled.
Secretary of State's powers as respects planning applications and decisions
77.  Reference of applications to Secretary of State.
78.  Right to appeal against planning decisions and failure to take such decisions.
79.  Determination of appeals.
80.  Review of planning decisions where compensation claimed.
81.  Provisions supplementary to s. 80.
Simplified planning zones
82.  Simplified planning zones.
83.  Making of simplified planning zone schemes.
84.  Simplified planning zone schemes: conditions and limitations on planning permission.
85.  Duration of simplified planning zone scheme.
86.  Alteration of simplified planning zone scheme.
87.  Exclusion of certain descriptions of land or development.
Enterprise zone schemes
88.  Planning permission for development in enterprise zones.
89.  Effect on planning permission of modification or termination of scheme.
Deemed planning permission
90.  Development with government authorisation.
Duration of planning permission
91.  General condition limiting duration of planning permission.
92.  Outline planning permission.
93.  Provisions supplementary to ss. 91 and 92.
94.  Termination of planning permission by reference to time limit: completion notices.
95.  Effect of completion notice.
96.  Power of Secretary of State to serve completion notices.
Revocation and modification of planning permission
97.  Power to revoke or modify planning permission.
98.  Procedure for s. 97 orders: opposed cases.
99.  Procedure for s. 97 orders: unopposed cases.
100.  Revocation and modification of planning permission by the Secretary of State.
References to Planning Inquiry Commission
101.  Power to refer certain planning questions to Planning Inquiry Commission.
Other controls over development
102.  Orders requiring discontinuance of use or alteration or removal of buildings or works.
103.  Confirmation by Secretary of State of s. 102 orders.
104.  Power of the Secretary of State to make s. 102 orders.
105.  Duty of mineral planning authorities to review mineral workings.
106.  Agreements regulating development or use of land.
Part IV
Compensation for Effects of Certain Orders, Notices, etc.
Compensation for revocation of planning permission, etc.
107.  Compensation where planning permission revoked or modified.
108.  Compensation for refusal or conditional grant of planning permission formerly granted by development order.
109.  Apportionment of compensation for depreciation.
110.  Registration of compensation for depreciation.
111.  Recovery of compensation under s. 107 on subsequent development.
112.  Amount recoverable under s. 111 and provisions for payment or remission of it.
113.  Contribution by Secretary of State towards compensation in certain cases.
Compensation for other planning decisions
114.  Compensation for planning decisions restricting development other than new development.
115.  Compensation in respect of orders under s. 102, etc.
116.  Special basis for compensation in respect of certain orders affecting mineral working.
General and supplemental provisions
117.  General provisions as to compensation for depreciation under Part IV.
118.  Determination of claims for compensation.
Part V
Compensation for restrictions on new development in Limited Cases
119.  Scope of Part V.
Right to compensation
120.  Right to compensation: general principles.
121.  Planning decisions not ranking for compensation.
122.  No compensation if certain other development permitted.
123.  Further exclusions from compensation.
124.  Grant of planning permission treated as subject to notional condition.
Amount of compensation
125.  General provisions as to amount of compensation.
126.  Assessment of depreciation.
Claims for and payment of compensation
127.  General provisions as to claims for compensation.
128.  Effect on claims of direction under s. 80.
129.  Determination of claims.
130.  Payment of compensation.
Recovery of compensation
131.  Apportionment of compensation.
132.  Registration of compensation.
133.  Recovery of compensation on subsequent development.
134.  Amount recoverable and provisions for payment or remission of it.
Supplementary provisions
135.  Mortgages, rentcharges and settlements.
136.  Calculation of value.
Part VI
Rights of owners etc. to require purchase of interests
Chapter I
Interests affected by planning decisions or orders
Service of purchase notices
137.  Circumstances in which purchase notices may be served.
138.  Circumstances in which land incapable of reasonably beneficial use.
Duties of authorities on service of purchase notice
139.  Action by council on whom purchase notice is served.
140.  Procedure on reference of purchase notice to Secretary of State.
141.  Action by Secretary of State in relation to purchase notice.
142.  Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
143.  Effect of Secretary of State's action in relation to purchase notice.
144.  Special provisions as to compensation where purchase notice served.
Special provisions for requiring purchase of whole of partially affected agricultural unit
145.  Counter-notice requiring purchase of remainder of agricultural unit.
146.  Effect of counter-notice under s. 145.
147.  Provisions supplemental to ss. 145 and 146.
148.  Interpretation of Chapter I.
Chapter II
Interests Affected by Planning Proposals: Blight
149.  Scope of Chapter II.
Blight notices
150.  Notices requiring purchase of blighted land.
151.  Counter-notices objecting to blight notices.
152.  Further counter-notices where certain proposals have come into force.
153.  Reference of objection to Lands Tribunal: general.
154.  Effect of valid blight notice.
155.  Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
156.  Withdrawal of blight notice.
157.  Special provisions as to compensation for acquisitions in pursuance of blight notices.
Special provisions for requiring purchase of whole of partially affected agricultural unit
158.  Inclusion in blight notices of requirement to purchase parts of agricultural units unaffected by blight.
159.  Objections to s. 158 notices.
160.  Effect of notices served by virtue of s. 158.
Personal representatives, mortgagees and partnerships
161.  Powers of personal representatives in respect of blight notice.
162.  Power of mortgagees to serve blight notice.
163.  Prohibition on service of simultaneous notices under ss. 150, 161 and 162.
164.  Special provisions as to partnerships.
Miscellaneous and supplementary provisions
165.  Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
166.  Saving for claimant's right to sell whole hereditament, etc.
167.  No withdrawal of constructive notice to treat.
168.  Meaning of "owner-occupier" and "resident owner-occupier".
169.  "Appropriate authority" for purposes of Chapter II.
170.  "Appropriate enactment" for purposes of Chapter II.
171.  General interpretation of Chapter II.
Part VII
Enforcement notices
172.  Power to issue enforcement notice.
173.  Contents of enforcement notice.
174.  Appeal against enforcement notice.
175.  Appeals: supplementary provisions.
176.  General provisions relating to determination of appeals.
177.  Grant or modification of planning permission on appeals against enforcement notices.
178.  Execution and cost of works required by enforcement notice.
179.  Penalties for non-compliance with enforcement notice.
180.  Effect of planning permission on enforcement notice.
181.  Enforcement notice to have effect against subsequent development.
182.  Enforcement by the Secretary of State.
Stop notices
183.  Stop notices.
184.  Stop notices: supplementary provisions.
185.  Service of stop notices by Secretary of State.
186.  Compensation for loss due to stop notice.
187.  Penalties for contravention of stop notice.
188.  Register of enforcement and stop notices.
Enforcement of orders for discontinuance of use, etc.
189.  Penalties for contravention of orders under s. 102 and Schedule 9.
190.  Enforcement of orders under s. 102 and Schedule 9.
Established use certificates
191.  Meaning of "established use".
192.  Applications for established use certificates.
193.  Supplementary provisions as to applications.
194.  Determination of applications.
195.  Appeals against refusal or failure to give decision on application.
196.  Further provisions as to references and appeals to the Secretary of State.
Special Controls
Chapter I
General duty of planning authorities as respects trees
197.  Planning permission to include appropriate provision for preservation and planting of trees.
Tree preservation orders
198.  Power to make tree preservation orders.
199.  Form of and procedure applicable to orders.
200.  Orders affecting land where Forestry Commissioners interested.
201.  Provisional tree preservation orders.
202.  Power for Secretary of State to make tree preservation orders.
Compensation for loss or damage caused by orders, etc.
203.  Compensation in respect of tree preservation orders.
204.  Compensation in respect of requirement as to replanting of trees.
205.  Determination of compensation claims.
Consequences of tree removal, etc.
206.  Replacement of trees.
207.  Enforcement of duties as to replacement of trees.
208.  Appeals against s. 207 notices.
209.  Execution and cost of works required by s. 207 notice.
210.  Penalties for non-compliance with tree preservation order.
Trees in conservation areas
211.  Preservation of trees in conservation areas.
212.  Power to disapply s. 211.
213.  Enforcement of controls as respects trees in conservation areas.
214.  Registers of s. 211 notices.
Chapter II
Land Adversely Affecting Amenity of Neighbourhood
215.  Power to require proper maintenance of land.
216.  Penalty for non-compliance with s. 215 notice.
217.  Appeal to magistrates' court against s. 215 notice.
218.  Further appeal to the Crown Court.
219.  Execution and cost of works required by s. 215 notice.
Chapter III
Advertisement regulations
220.  Regulations controlling display of advertisements.
221.  Power to make different advertisement regulations for different areas.
222.  Planning permission not needed for advertisements complying with regulations.
Repayment of expense of removing prohibited advertisements
223.  Repayment of expense of removing prohibited advertisements.
Enforcement of control over advertisements
224.  Enforcement of control as to advertisements.
225.  Power to remove or obliterate placards and posters.
Part IX
Acquisition and Appropriation of Land for Planning Purposes, etc.
Acquisition for planning and public purposes
226.  Compulsory acquisition of land for development and other planning purposes.
227.  Acquisition of land by agreement.
228.  Compulsory acquisition of land by the Secretary of State for the Environment.
229.  Appropriation of land forming part of common, etc.
230.  Acquisition of land for purposes of exchange.
231.  Power of Secretary of State to require acquisition or development of land.
Appropriation, disposal and development of land held for planning purposes, etc.
232.  Appropriation of land held for planning purposes.
233.  Disposal by local authorities of land held for planning purposes.
234.  Disposal by Secretary of State of land acquired under s. 228.
235.  Development of land held for planning purposes.
Extinguishment of certain rights affecting acquired or appropriated land
236.  Extinguishment of rights over land compulsorily acquired.
237.  Power to override easements and other rights.
238.  Use and development of consecrated land.
239.  Use and development of burial grounds.
240.  Provisions supplemental to ss. 238 and 239.
241.  Use and development of open spaces.
242.  Overriding of rights of possession.
Constitution of joint body to hold land for planning purposes
243.  Constitution of joint body to hold land for planning purposes.
General and supplementary provisions
244.  Powers of joint planning boards under Part IX.
245.  Modification of incorporated enactments for purposes of Part IX.
246.  Interpretation of Part IX.
Part X
Orders made by Secretary of State
247.  Highways affected by development: orders by Secretary of State.
248.  Highways crossing or entering route of proposed new highway, etc.
249.  Order extinguishing right to use vehicles on highway.
250.  Compensation for orders under s. 249.
251.  Extinguishment of public rights of way over land held for planning purposes.
252.  Procedure for making of orders.
253.  Procedure in anticipation of planning permission.
254.  Compulsory acquisition of land in connection with highways.
255.  Concurrent proceedings in connection with highways.
256.  Telecommunication apparatus: orders by Secretary of State.
Orders by other authorities
257.  Footpaths and bridleways affected by development: orders by other authorities.
258.  Extinguishment of public rights of way over land held for planning purposes.
259.  Confirmation of orders made by other authorities.
260.  Telecommunication apparatus: orders by or on application of other authorities.
Temporary highway orders: mineral workings
261.  Temporary stopping up of highways for mineral workings.
Part XI
Statutory Undertakers
262.  Meaning of "statutory undertakers".
263.  Meaning of "operational land".
264.  Cases in which land is to be treated as not being operational land.
265.  Meaning of "the appropriate Minister".
Application of Part III to statutory undertakers
266.  Applications for planning permission by statutory undertakers.
267.  Conditional grants of planning permission.
268.  Development requiring authorisation of government department.
269.  Revocation or modification of permission to develop operational land.
270.  Order requiring discontinuance of use etc. of operational land.
Extinguishment of rights of statutory undertakers, etc.
271.  Extinguishment of rights of statutory undertakers: preliminary notices.
272.  Extinguishment of rights of telecommunications code system operators: preliminary notices.
273.  Notice for same purposes as ss. 271 and 272 but given by undertakers to developing authority.
274.  Orders under ss. 271 and 272.
Extension or modification of statutory undertakers' functions
275.  Extension or modification of functions of statutory undertakers.
276.  Procedure in relation to orders under s. 275.
277.  Relief of statutory undertakers from obligations rendered impracticable.
278.  Objections to orders under ss. 275 and 277.
279.  Right to compensation in respect of certain decisions and orders.
280.  Measure of compensation to statutory undertakers, etc.
281.  Exclusion of s. 280 at option of statutory undertakers.
282.  Procedure for assessing compensation.
283.  Display of advertisements on operational land.
Part XII
284.  Validity of development plans and certain orders, decisions and directions.
285.  Validity of enforcement notices and similar notices.
286.  Challenges to validity on ground of authority's powers.
287.  Proceedings for questioning validity of development plans and certain schemes and orders.
288.  Proceedings for questioning the validity of other orders, decisions and directions.
289.  Appeals to High Court relating to enforcement notices and notices under s. 207.
290.  Appeals to High Court against decisions under s. 64.
291.  Special provisions as to decisions relating to statutory undertakers.
292.  Special provisions as to orders subject to special parliamentary procedure.
Application of Act to Crown Land
293.  Preliminary definitions.
Application of Act as respects Crown land
294.  Control of development on Crown land: special enforcement notices.
295.  Supplementary provisions as to special enforcement notices.
296.  Exercise of powers in relation to Crown land.
297.  Agreements relating to Crown land.
298.  Supplementary provisions as to Crown and Duchy interests.
Provisions relating to anticipated disposal of Crown land
299.  Application for planning permission etc. in anticipation of disposal of Crown land.
300.  Tree preservation orders in anticipation of disposal of Crown land.
301.  Requirement of planning permission for continuance of use instituted by the Crown.
Enforcement in respect of war-time breaches of planning control by the Crown
302.  Enforcement in respect of war-time breaches of planning control by the Crown.
Part XIV
Financial Provisions
303.  Fees for planning applications, etc.
304.  Grants for research and education.
305.  Contributions by Ministers towards compensation paid by local authorities.
306.  Contributions by local authorities and statutory undertakers.
307.  Assistance for acquisition of property where objection made to blight notice in certain cases.
308.  Recovery from acquiring authorities of sums paid by way of compensation.
309.  Recovery from acquiring authorities of sums paid in respect of war-damaged land.
310.  Sums recoverable from acquiring authorities reckonable for purposes of grant.
311.  Expenses of government departments.
312.  Payments under s.59 of 1947 Act and Parts I and V of 1954 Act.
313.  General provision as to receipts of Secretary of State.
314.  Expenses of county councils.
Part XV
Miscellaneous and General Provisions
Application of Act in special cases
315.  Power to modify Act in relation to minerals.
316.  Application of certain provisions to local planning authorities.
317.  The British Coal Corporation.
318.  Ecclesiastical property.
319.  Application of Act to Isles of Scilly.
Local inquiries and other hearings
320.  Local inquiries.
321.  Planning inquiries to be held in public subject to certain exceptions.
322.  Orders as to costs of parties where no local inquiry held.
323.  Procedure on certain appeals and applications.
Rights of entry
324.  Rights of entry.
325.  Supplementary provisions as to rights of entry.
Miscellaneous and general provisions
326.  Assumptions as to planning permission in determining value of interests in land.
327.  Recovery on subsequent development of payments in respect of war-damaged land.
328.  Settled land and land of universities and colleges.
329.  Service of notices.
330.  Power to require information as to interests in land.
331.  Offences by corporations.
332.  Combined applications.
333.  Regulations and orders.
334.  Licensing planning areas.
335.  Act not excluded by special enactments.
336.  Interpretation.
337.  Short title, commencement and extent.
  Schedule 1—   Local planning authorities: distribution of functions.
  Schedule 2—   Development plans: transitional provisions.
  Part I—   The metropolitan counties.
  Part II—   Greater London.
  Part III—   Old development plans.
  Schedule 3—   Development not constituting new development.
  Part I—   Development not ranking for compensation under s. 114.
  Part II—   Development ranking for compensation under s. 114.
  Part III—   Supplementary provisions.
  Schedule 4—   Special provisions as to land use in 1948.
  Schedule 5—   Conditions relating to mineral working.
  Part I—   Conditions imposed on grant of permission.
  Part II—   Conditions imposed on revocation or modification of permission.
  Schedule 6—   Determination of certain appeals by person appointed by Secretary of State.
  Schedule 7—   Simplified planning zones.
  Schedule 8—   Planning Inquiry Commissions.
  Part I—   Constitution and procedure on references.
  Part II—   Meaning of "the responsible Minister or Ministers".
  Schedule 9—   Requirements relating to discontinuance of mineral working.
  Schedule 10—   Condition treated as applicable to rebuilding and alterations.
  Schedule 11—   Compensation in respect of certain orders affecting mineral working.
  Schedule 12—   Unexpended balance of established development value.
  Schedule 13—   Blighted land.
  Schedule 14—   Procedure for footpaths and bridleways orders.
  Part I—   Confirmation of orders.
  Part II—   Publicity for orders after confirmation.
  Schedule 15—   Enforcement as respects war-time breaches by the Crown of planning control.
  Schedule 16—   Provisions of the planning Acts referred to in sections 314 to 319.
  Schedule 17—   Enactments exempted from section 333(6).