Planning and Compensation Act 1991 (c. 34)

(The document as of February, 2008)

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" (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where planning permission granted by a development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order. "

14 Fish farming

(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.

15 Assessment of environmental effects

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 [1972 c. 68.] European 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. "

16 Notice etc. of applications for planning permission

(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 [1986 c. 5.] Agricultural 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 [1980 c. 43.] Magistrates' 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. "

17 Power of local planning authority to decline to determine applications

(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; " .

18 Dismissal of appeals in cases of undue delay

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. "

19 Receipt and determination of applications

(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.

Controls over particular matters

20 Land of interested planning authorities and development by them

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;

(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 [1972 c. 70.] Local 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. "

21 Mines and waste

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.

22 Old mining permissions

(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 [1947 c. 51.] Town 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.

23 Trees

(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

(7) After section 214 there is inserted--

" Injunctions

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 entry

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

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";

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

24 Advertisements

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

25 Listed buildings, conservation areas and hazardous substances

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.

Development plans and simplified planning zones

26 Status of development plans

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

" Chapter III 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 " .

27 Streamlining of development plan system

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

28 Simplified planning zones

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.

Miscellaneous

29 Functions of Historic Buildings and Monuments Commission

(1) In section 33 of the [1983 c. 47.] National 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 [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979 or under the [1990 c. 9.] Planning (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. "

30 Orders as to costs where inquiry or hearing does not take place

(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 [1972 c. 70.] Local 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 [1990 c. 10.] Planning (Listed Buildings and Conservation Areas) Act 1990 and section 37(2) of the Planning (Hazardous Substances) Act 1990 (application of provisions of the principal Act) before "323" there is inserted "322A (orders as to costs: supplementary)".

31 Planning compensation repeals

(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 [1990. c. 9.] Planning (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.

32 Planning: minor and consequential amendments

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

Part III Town and Country Planning - Scotland

New enforcement powers

33 Planning contravention notices

In the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (referred to in this Act as "the 1972 Act") in Part V (enforcement of controls under Parts III and IV) before section 84 there is inserted--

" Planning contravention notices

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