Planning and Compensation Act 1991 (c. 34)

(The document as of February, 2008)

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" (5) This section does not apply to any development--

(a) of a class specified in paragraph 1 of Schedule 3 which is carried out in accordance with the condition set out in Schedule 10; or

(b) of a class specified in paragraph 2 of Schedule 3. "

16 In section 112 (amount recoverable under section 111 and provisions for payment or remission of it) the following are omitted--

(a) in subsection (9), "new";

(b) in subsection (12), paragraph (a); and

17 Section 113 (contribution of Secretary of State where compensation could have been claimed under Part V) is omitted.

18 In section 138(2)(a) (circumstances in which land incapable of reasonably beneficial use) for "new development," there is substituted "development other than any development specified in paragraph 1 or 2 of Schedule 3;".

19 In section 144 (special provisions as to compensation where purchase notice served)--

(a) in subsection (2)(b), for "existing use value" there is substituted "Schedule 3 value"; and

(b) in subsection (6), for the definition of "existing use value" there is substituted--

" "Schedule 3 value", in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted--

(a) subject to the condition in Schedule 10, for any development of a class specified in paragraph 1 of Schedule 3; and

(b) for any development of a class specified in paragraph 2 of Schedule 3. "

20 In section 198(4)(a) (tree preservation orders) "80, 81" is omitted.

21 In section 220(3)(a) (advertisement regulations) "80, 81" is omitted.

22 In section 262(4) and (7)(a) (meaning of "statutory undertakers") "123" is omitted.

23 In section 263(3) (meaning of "operational land") "123(3) and (4)" is omitted.

24 In section 284(3) (validity of orders, etc.) paragraph (c) is omitted.

25 (1) In section 298 (supplementary provisions as to Crown and Duchy interests) for subsections (1) and (2) there is substituted--

" (1) Where there is a Crown interest in any land, sections 109 to 112 shall have effect in relation to any private interest or Duchy interest as if the Crown interest were a private interest.

(2) Where there is a Duchy interest in any land, those sections shall have effect in relation to that interest or any private interest as if the Duchy interest were a private interest. "

(2) In subsection (3) of that section for "the provisions of this Act referred to in subsection (1)(a)" there is substituted "sections 109 to 112".

(3) This paragraph does not affect the operation of Schedule 3 to the [1990 c. 11.] Planning (Consequential Provisions) Act 1990 in relation to any private interest or Duchy interest (as defined in section 293 of the principal Act).

26 (1) In section 308 (recovery from acquiring authorities of sums paid by way of compensation)--

(a) in subsection (1)(b), "or 132(1)" is omitted;

(b) in subsection (2), "or, as the case may be, section 132(4)" is omitted; and

(2) Any amount recoverable under that section, by reason of a notice registered under section 132(1), which has not been paid shall cease to be recoverable.

27 Section 309 (recovery from acquiring authorities of sums paid in respect of war-damaged land) is omitted.

28 In section 310 (sums recoverable from acquiring authorities reckonable for purposes of grant) "or 309" is omitted.

29 In section 311(1)(b) (expenses of government departments) "or V" is omitted.

30 Section 312 (payments under s. 59 of 1947 Act and Parts I and V of 1954 Act) is omitted.

31 In section 313 (general provision as to receipts of Secretary of State) "Without prejudice to section 312, and" is omitted.

32 In section 315(2) (power to modify Act in relation to minerals) the words from "and in relation" to "in respect of such land" are omitted.

33 In section 318(5) (ecclesiastical property) for "112, 133 or 327" there is substituted "or 112".

34 In section 324 (rights of entry) subsection (4) is omitted.

35 Section 326 (assumptions as to planning permission in determining value of interests in land) is omitted.

36 Section 327 (recovery on subsequent development of payments in respect of war-damaged land) is omitted.

37 In section 328(1) (settled land, etc.) for "112, 133 or 327" there is substituted "or 112".

38 In section 336(1) (interpretation) the definitions of "new development" and "previous apportionment" are omitted.

39 In Schedule 1 (distribution of functions) in paragraph 16(1) "114" is omitted.

40 (1) In Schedule 3 (existing use development, etc.), paragraphs 3 to 8, 11 and 14 are omitted.

(2) In paragraph 10(2) of that Schedule for "paragraphs 1 and 3" there is substituted "paragraph 1".

(3) In paragraph 13 of that Schedule for sub-paragraph (2) there is substituted--

" (2) This paragraph does not apply for the purposes of sections 111 and 138. "

41 In Schedule 16 (provisions referred to in sections 314 to 319)--

(a) in Part I for the entry relating to sections 114 and 115 there is substituted-- " Section 115 " ,

(b) in Parts III and VI, the entries relating to Schedule 12 are omitted.

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

42 (1) In section 30 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (local planning authorities for compensation purposes), in subsection (1), paragraph (a) is omitted.

(2) In subsection (2) of that section "27," is omitted.

43 In section 31(2) and (4) of that Act (general provisions as to compensation for depreciation under this Part) for "27 to", in both places where it occurs, there is substituted "28 and".

44 In section 32(4) of that Act (purchase notices) for "new development" there is substituted "development (other than any development specified in paragraph 1 or 2 of Schedule 3 to the principal Act)".

45 In section 49 of that Act (compensation on compulsory acquisition of building) the words from "other than" to the end are omitted.

46 In section 88(4) of that Act (rights of entry) "27," is omitted.

47 (1) In section 90 of that Act (financial provisions), in subsection (2) for "27" there is substituted "28".

(2) In subsection (7)(a) of that section for "27 to" there is substituted "28 or".

48 In section 91(2) of that Act (interpretation) "new development" is omitted.

Planning (Consequential Provisions) Act 1990 (c. 11)

49 The saving made by paragraph 3 of Schedule 3 to the Planning (Consequential Provisions) Act 1990 (transitional provisions and savings) shall cease to have effect in relation to any right to or claim for or any liability in respect of any payment--

(a) under a scheme made under section 59 of the [1947 c. 51] Town and Country Planning Act 1947;

(b) under any provision of Part I or V of the [1954 c. 72.] Town and Country Planning Act 1954.

Section 32.

SCHEDULE 7 Planning in England and Wales: Minor and Consequential Amendments

Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)

1 In section 2(3) of the Agricultural Land (Removal of Surface Soil) Act 1953 for the words from "it was determined" to the end there is substituted "a certificate was issued under section 192 of the Town and Country Planning Act 1990 that the operations would be lawful."

Local Government Act 1972 (c. 70)

2 In Part III of Schedule 12A to the Local Government Act 1972, in the definition of "protected informant", for "172(3)" there is substituted "171A".

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

3 In section 7(5) of the Local Government (Miscellaneous Provisions) Act 1976 paragraph (a)(iii) is omitted.

Rent (Agriculture) Act 1976 (c. 80)

4 In section 33(4) of the Rent (Agriculture) Act 1976 for the words from "section 63(2)(b)" to the end there is substituted "section 73A of the Town and Country Planning Act 1990".

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

5 In 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 principal Act there listed: 171C, 173A, 187A, 187B, 196A to 196C and 324(1)(b) and (c) and (7).

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

6 In section 33 of the Local Government (Miscellaneous Provisions) Act 1982, in subsection (1) for paragraphs (a) to (c) there is substituted--

" (a) is executed for the purpose of securing the carrying out of works on land in the council's area in which the other person has an interest, or

(b) is executed for the purpose of regulating the use of or is otherwise connected with land in or outside the council's area in which the other person has an interest,

and which is neither executed for the purpose of facilitating nor connected with the development of the land in question. "

Housing Act 1988 (c. 50)

7 In section 67(3A) of the Housing Act 1988 after "104" there is inserted "171C, 171D".

The principal Act

8 The principal Act is amended as follows.

Part I

9 (1) In section 5(1) for "300 and 324(1)(b) and (c) and (7)" there is substituted "and 300".

(2) In section 5(3)--

(a) for "sections 36 to 49, 50(6) to (9), 51" there is substituted "Part II, sections",

(b) for "64 to 72" there is substituted "65, 69 to 72",

(d) after "106" there is inserted "to 106B, 171C",

(e) after "173" there is inserted "173A",

(f) after "184" there is inserted "187A, 187B",

(g) for "215" there is substituted "214, 215",

(h) after "299" there is inserted "299A", and

(i) for "316(1) to (3) and 324(1)(a)" there is substituted "316 and 324(1) and (7)".

Part III

10 (1) In section 56, in subsection (3) after "87(4)" there is inserted "89".

(2) In subsection (4) of that section after paragraph (a) there is inserted--

" (aa) any work of demolition of a building; " .

11 Section 63 is omitted.

12 Section 64 is omitted.

13 In section 69--

(a) in subsection (1) "made to that authority", and

(b) in subsection (3) "made to the authority",

are omitted.

14 In section 70(3) for "sections 65, 66 and 67" there is substituted "section 65".

15 In section 71(4) for the definitions of "agricultural holding" and "owner" there is substituted--

" "prescribed" means prescribed by a development order " .

16 (1) After section 73 there is inserted--

" 73A Planning permission for development already carried out

(1) On an application made to a local planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2) Subsection (1) applies to development carried out--

(a) without planning permission;

(b) in accordance with planning permission granted for a limited period; or

(3) Planning permission for such development may be granted so as to have effect from--

(a) the date on which the development was carried out; or

(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period. "

17 In section 74(2) "section 71 of this Act and" is omitted.

18 In section 77(4) for "65(2) and (9), 66, 67, 70, 71(1) and (2), 72(1) and (5) and 73" there is substituted "70, 72(1) and (5), 73 and 73A" and at the end there is inserted "and a development order may apply, with or without modifications, to an application so referred any requirements imposed by such an order by virtue of section 65 or 71".

19 In section 79(4) for "66, 67, 70, 71(2), 72(1) and (5) and 73" there is substituted "70, 72(1) and (5), 73 and 73A" and at the end there is inserted "and a development order may apply, with or without modifications, to such an appeal any requirements imposed by a development order by virtue of section 65 or 71".

20 In section 91(4)(b), for the words from "granted" to the end there is substituted "granted for development carried out before the grant of that permission".

21 In section 102, for subsections (4) and (5) there is substituted--

" (4) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under section 103.

(5) Planning permission for such development may be granted so as to have effect from--

(a) the date on which the development was carried out; or

(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period. "

Part VII

22 In section 174(6) "in writing" is omitted.

23 For section 176(1) and (2) there is substituted--

" (1) On an appeal under section 174 the Secretary of State may--

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

(b) vary the terms of the 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. "

24 (1) In section 177(1)--

(a) for paragraph (a) there is substituted--

" (a) grant planning permission in respect of the matters stated in the enforcement notice as constituting a breach of planning control, whether in relation to the whole or any part of those matters or in relation to the whole or any part of the land to which the notice relates; " and

(b) for paragraph (c) there is substituted--

" (c) determine whether, on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which planning permission was granted was lawful and, if so, issue a certificate under section 191.

(1A) The provisions of sections 191 to 194 mentioned in subsection (1B) shall apply for the purposes of subsection (1)(c) as they apply for the purposes of section 191, but as if--

(a) any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made; and

(b) references to the local planning authority were references to the Secretary of State.

(1B) Those provisions are: sections 191(5) to (7), 193(4) (so far as it relates to the form of the certificate), (6) and (7) and 194 " .

(2) For section 177(3) there is substituted--

" (3) The planning permission that may be granted under subsection (1) is any planning permission that might be granted on an application under Part III. "

(3) In section 177(5) for "for the development to which the notice relates" there is substituted "in respect of the matters stated in the enforcement notice as constituting a breach of planning control".

25 In section 178(2) "(as defined in section 172(3))" is omitted.

26 For section 180 there is substituted--

" 180 Effect of planning permission, etc., on enforcement or breach of condition notice

(1) Where, after the service of--

(a) a copy of an enforcement notice; or

(b) a breach of condition notice,

planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.

(2) Where after a breach of condition notice has been served any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.

(3) The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice. "

27 In section 181--

(a) in subsections (1)(a), (4)(b) and (5)(b) for "demolition", in each place where it occurs, there is substituted "removal";

(b) in subsections (3), (4) and (5) for "demolished", in each place where it occurs, there is substituted "removed"; and

28 In section 184--

(a) in subsection (4)(b) for "compliance period" there is substituted "period for compliance with the enforcement notice";

(b) in subsection (5) for the words from "included" to the end there is substituted "relevant activities";

29 In section 186--

(a) in subsection (1)(b) for the words from "matters" to the end there is substituted "any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity"; and

(b) in subsection (1)(c) the words from "or for its retention" to "granted" are omitted;

(c) in subsection (2) for the words from "so much" to the end there is substituted "the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities".

30 In section 188--

(a) after subsection (1)(b) there is inserted " and

(b) in subsection (2)(a) for "or stop notice" there is substituted "stop notice or breach of condition notice", and

31 Section 190(4) is omitted.

32 In section 195--

(a) in subsection (1) for "an established use certificate" there is substituted "a certificate under section 191 or 192",

(b) in subsection (2) for "an established use certificate" there is substituted "a certificate under section 191 or, as the case may be, 192", and

" (4) References in this section to a refusal of an application in part include a modification or substitution of the description in the application of the use, operations or other matter in question. "

33 In section 196--

(a) in subsection (1) "an application referred to him under section 192(5) or" is omitted and for "applicant or appellant (as the case may be)" there is substituted "appellant",

(b) in subsection (2) for "an established use certificate on such a reference or" there is substituted "a certificate under section 191 or 192 on",

(d) in subsection (4) for "established use certificates" there is substituted "certificates under section 191 or 192", and

(e) subsections (5) to (7) are omitted.

Part VIII

34 In section 198(4)(a) "to 68" is omitted.

35 In section 216(6) for "£40" there is substituted "one-tenth of level 3 on the standard scale".

36 Section 219(6) is omitted.

37 In section 220(3)(a) "to 68" is omitted.

38 In section 224(3) for "£40" there is substituted "one-tenth of level 3 on the standard scale".

Part X

39 Section 250(2) is omitted.

Part XI

40 Section 266(3) is omitted.

Part XII

41 In section 284(3)(g) the words from "on an application" to "or" are omitted.

42 In section 285--

(a) in subsection (1) "Subject to the provisions of this section" is omitted;

(b) in subsection (2) "(6) to (8)" is omitted; and

43 In section 286--

(a) in subsection (1), paragraph (b) is omitted and in paragraph (c) for "an established use certificate under section 192" there is substituted "a certificate under section 191 or 192", and

(b) in subsection (2), after "183" there is inserted "or a breach of condition notice under section 187A".

44 Section 290 is omitted.

Part XIII

45 (1) In section 296, in subsection (1)(c) after "VII" there is inserted "except sections 196A and 196B".

(2) In subsection (2)(a) of that section for "172" there is substituted "171C, 172, 173A, 183, 187A, 187B".

46 (1) Section 299 is amended as follows.

(2) In subsection (1) for "determination under section 64" there is substituted "certificate under section 192".

(3) In subsection (2) for "or determination" there is substituted "or certificate".

(4) For subsection (4) there is substituted--

" (4) Any application made by virtue of this section for a certificate under section 192 shall be determined as if the land were not Crown land. "

(5) In subsection (5)(a) for "determinations" there is substituted "certificates".

(6) In subsection (6) for "determination" there is substituted "certificate".

Part XIV

47 In section 306(2)(b) and (3) after "VII", in both places where it occurs, there is inserted "except sections 196A and 196B".

Part XV

48 After section 316 there is inserted--

" 316A Local planning authorities as statutory undertakers

In relation to statutory undertakers who are local planning authorities, section 283 and the provisions specified in that section shall have effect subject to such exceptions and modifications as may be prescribed. "

49 For section 319 there is substituted--

" 319 The Isles of Scilly

(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2) An order under this section may in particular provide for the exercise by the Council of the Isles of Scilly of any functions exercisable by a local planning authority or mineral planning authority.

(3) Before making an order under this section the Secretary of State shall consult with that Council. "

50 (1) Section 325 is amended as follows.

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