Office of Public Sector Information

Office of Public Sector Information

Navigation


Advanced Search

Main navigation

Supplementary menus and contents

Related Pages
Feeds

Page 1 of 42

Next

First page 1 2 3 4 5 6 7 8 9 10 11 Last page

Royal arms

Town and Country Planning Act 1990

1990 CHAPTER 8

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Planning Authorities

    1. 1. Local planning authorities: general.

    2. 2. Joint planning boards.

    3. 3. Joint planning committee for Greater London.

    4. 4. National Parks.

    5. 5. The Broads.

    6. 6. Enterprise zones.

    7. 7. Urban development areas.

    8. 8. Housing action areas.

    9. 9. Power to make consequential and supplementary provision about authorities.

  2. Part II

    Development Plans

    1. Chapter I

      Unitary Development Plans: Metropolitan Areas Including London

      1. Preliminary

        1. 10. Application of Chapter I to Greater London and metropolitan counties.

      2. Surveys, etc.

        1. 11. Survey of planning areas.

      3. Preparation and adoption of unitary development plans

        1. 12. Preparation of unitary development plan.

        2. 13. Publicity in connection with preparation of unitary development plan.

        3. 14. Withdrawal of unitary development plan.

        4. 15. Adoption of unitary development plan by local planning authority.

        5. 16. Local inquiries.

      4. Secretary of State’s powers concerning plans

        1. 17. Direction to reconsider proposals.

        2. 18. Calling in of unitary development plan for approval by Secretary of State.

        3. 19. Approval of unitary development plan by Secretary of State.

        4. 20. Local inquiry, public examination and consultation by Secretary of State.

      5. Alteration of plans

        1. 21. Alteration or replacement of unitary development plan.

        2. 22. Short procedure for certain alterations and replacements.

      6. Joint plans

        1. 23. Joint unitary development plans.

      7. Supplementary

        1. 24. Disregard of certain representations.

        2. 25. Default powers.

        3. 26. Regulations and directions.

        4. 27. Meaning of “development plan” in Greater London and metropolitan counties.

        5. 28. Commencement of Chapter I: transitional provisions.

    2. Chapter II

      Structure and Local Plans: Non-Metropolitan Areas

      1. Preliminary

        1. 29. Application of Chapter II to non-metropolitan areas.

      2. Surveys, etc.

        1. 30. Survey of planning areas.

      3. Structure plans

        1. 31. Structure plans: continuity, form and content.

        2. 32. Alteration and replacement of structure plans.

        3. 33. Publicity in connection with proposals for alteration or replacement of structure plans.

        4. 34. Withdrawal of proposals for alteration or replacement of structure plans.

        5. 35. Approval or rejection of proposals for alteration or replacement of structure plans.

      4. Local plans

        1. 36. Local plans.

        2. 37. Local plan schemes.

        3. 38. Power of Secretary of State to direct making of local plan, etc.

        4. 39. Publicity and consultation: general.

        5. 40. Publicity and consultation: short procedure for certain alterations, etc.

        6. 41. Powers of Secretary of State to secure adequate publicity and consultation.

        7. 42. Objections: local inquiry or other hearing.

        8. 43. Adoption of proposals.

        9. 44. Calling in of proposals for approval by Secretary of State.

        10. 45. Approval of proposals by Secretary of State.

      5. Conformity between plans

        1. 46. Certificate of conformity.

        2. 47. Alteration of structure plan.

        3. 48. Local plan to prevail in cases of conflict with structure plan.

      6. Supplementary

        1. 49. Disregarding of representations with respect to development authorised by or under other enactments.

        2. 50. Joint structure and local plans.

        3. 51. Default powers.

        4. 52. Reviews of plans in enterprise zones.

        5. 53. Supplementary provisions as to structure and local plans.

        6. 54. Meaning of “development plan” outside Greater London and the metropolitan counties.

  3. Part III

    Control over development

    1. Meaning of development

      1. 55. Meaning of “development” and “new development”.

      2. 56. Time when development begun.

    2. Requirement for planning permission

      1. 57. Planning permission required for development.

      2. 58. Granting of planning permission: general.

    3. Development orders

      1. 59. Development orders: general.

      2. 60. Permission granted by development order.

      3. 61. Development orders: supplementary provisions.

    4. Applications for planning permission

      1. 62. Form and content of applications for planning permission.

      2. 63. Applications in connection with existing buildings and uses.

      3. 64. Applications to determine whether planning permission required.

    5. Publicity for applications

      1. 65. Publication of notices of applications for planning permission for designated development.

      2. 66. Notification of applications to owners and agricultural tenants.

      3. 67. Notification of applications for planning permission for mineral working.

      4. 68. Further provisions as to certificates under sections 65 to 67.

      5. 69. Registers of applications, etc.

    6. Determination of applications

      1. 70. Determination of applications: general considerations.

      2. 71. Consultations in connection with determinations under s. 70.

      3. 72. Conditional grant of planning permission.

      4. 73. Determination of applications to develop land without compliance with conditions previously attached.

      5. 74. Directions etc. as to method of dealing with applications.

      6. 75. Effect of planning permission.

      7. 76. Duty to draw attention to certain provisions for benefit of disabled.

    7. Secretary of State’s powers as respects planning applications and decisions

      1. 77. Reference of applications to Secretary of State.

      2. 78. Right to appeal against planning decisions and failure to take such decisions.

      3. 79. Determination of appeals.

      4. 80. Review of planning decisions where compensation claimed.

      5. 81. Provisions supplementary to s. 80.

    8. Simplified planning zones

      1. 82. Simplified planning zones.

      2. 83. Making of simplified planning zone schemes.

      3. 84. Simplified planning zone schemes: conditions and limitations on planning permission.

      4. 85. Duration of simplified planning zone scheme.

      5. 86. Alteration of simplified planning zone scheme.

      6. 87. Exclusion of certain descriptions of land or development.

    9. Enterprise zone schemes

      1. 88. Planning permission for development in enterprise zones.

      2. 89. Effect on planning permission of modification or termination of scheme.

    10. Deemed planning permission

      1. 90. Development with government authorisation.

    11. Duration of planning permission

      1. 91. General condition limiting duration of planning permission.

      2. 92. Outline planning permission.

      3. 93. Provisions supplementary to ss. 91 and 92.

      4. 94. Termination of planning permission by reference to time limit: completion notices.

      5. 95. Effect of completion notice.

      6. 96. Power of Secretary of State to serve completion notices.

    12. Revocation and modification of planning permission

      1. 97. Power to revoke or modify planning permission.

      2. 98. Procedure for s. 97 orders: opposed cases.

      3. 99. Procedure for s. 97 orders: unopposed cases.

      4. 100. Revocation and modification of planning permission by the Secretary of State.

    13. References to Planning Inquiry Commission

      1. 101. Power to refer certain planning questions to Planning Inquiry Commission.

    14. Other controls over development

      1. 102. Orders requiring discontinuance of use or alteration or removal of buildings or works.

      2. 103. Confirmation by Secretary of State of s. 102 orders.

      3. 104. Power of the Secretary of State to make s. 102 orders.

      4. 105. Duty of mineral planning authorities to review mineral workings.

      5. 106. Agreements regulating development or use of land.

  4. Part IV

    Compensation for Effects of Certain Orders, Notices, etc.

    1. Compensation for revocation of planning permission, etc.

      1. 107. Compensation where planning permission revoked or modified.

      2. 108. Compensation for refusal or conditional grant of planning permission formerly granted by development order.

      3. 109. Apportionment of compensation for depreciation.

      4. 110. Registration of compensation for depreciation.

      5. 111. Recovery of compensation under s. 107 on subsequent development.

      6. 112. Amount recoverable under s. 111 and provisions for payment or remission of it.

      7. 113. Contribution by Secretary of State towards compensation in certain cases.

    2. Compensation for other planning decisions

      1. 114. Compensation for planning decisions restricting development other than new development.

      2. 115. Compensation in respect of orders under s. 102, etc.

      3. 116. Special basis for compensation in respect of certain orders affecting mineral working.

    3. General and supplemental provisions

      1. 117. General provisions as to compensation for depreciation under Part IV.

      2. 118. Determination of claims for compensation.

  5. Part V

    Compensation for restrictions on new development in Limited Cases

    1. Preliminary

      1. 119. Scope of Part V.

    2. Right to compensation

      1. 120. Right to compensation: general principles.

      2. 121. Planning decisions not ranking for compensation.

      3. 122. No compensation if certain other development permitted.

      4. 123. Further exclusions from compensation.

      5. 124. Grant of planning permission treated as subject to notional condition.

    3. Amount of compensation

      1. 125. General provisions as to amount of compensation.

      2. 126. Assessment of depreciation.

    4. Claims for and payment of compensation

      1. 127. General provisions as to claims for compensation.

      2. 128. Effect on claims of direction under s. 80.

      3. 129. Determination of claims.

      4. 130. Payment of compensation.

    5. Recovery of compensation

      1. 131. Apportionment of compensation.

      2. 132. Registration of compensation.

      3. 133. Recovery of compensation on subsequent development.

      4. 134. Amount recoverable and provisions for payment or remission of it.

    6. Supplementary provisions

      1. 135. Mortgages, rentcharges and settlements.

      2. 136. Calculation of value.

  6. Part VI

    Rights of owners etc. to require purchase of interests

    1. Chapter I

      Interests affected by planning decisions or orders

      1. Service of purchase notices

        1. 137. Circumstances in which purchase notices may be served.

        2. 138. Circumstances in which land incapable of reasonably beneficial use.

      2. Duties of authorities on service of purchase notice

        1. 139. Action by council on whom purchase notice is served.

        2. 140. Procedure on reference of purchase notice to Secretary of State.

        3. 141. Action by Secretary of State in relation to purchase notice.

        4. 142. Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.

        5. 143. Effect of Secretary of State’s action in relation to purchase notice.

      3. Compensation

        1. 144. Special provisions as to compensation where purchase notice served.

      4. Special provisions for requiring purchase of whole of partially affected agricultural unit

        1. 145. Counter-notice requiring purchase of remainder of agricultural unit.

        2. 146. Effect of counter-notice under s. 145.

        3. 147. Provisions supplemental to ss. 145 and 146.

      5. Supplemental

        1. 148. Interpretation of Chapter I.

    2. Chapter II

      Interests Affected by Planning Proposals: Blight

      1. Preliminary

        1. 149. Scope of Chapter II.

      2. Blight notices

        1. 150. Notices requiring purchase of blighted land.

        2. 151. Counter-notices objecting to blight notices.

        3. 152. Further counter-notices where certain proposals have come into force.

        4. 153. Reference of objection to Lands Tribunal: general.

        5. 154. Effect of valid blight notice.

        6. 155. Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.

        7. 156. Withdrawal of blight notice.

      3. Compensation

        1. 157. Special provisions as to compensation for acquisitions in pursuance of blight notices.

      4. Special provisions for requiring purchase of whole of partially affected agricultural unit

        1. 158. Inclusion in blight notices of requirement to purchase parts of agricultural units unaffected by blight.

        2. 159. Objections to s. 158 notices.

        3. 160. Effect of notices served by virtue of s. 158.

      5. Personal representatives, mortgagees and partnerships

        1. 161. Powers of personal representatives in respect of blight notice.

        2. 162. Power of mortgagees to serve blight notice.

        3. 163. Prohibition on service of simultaneous notices under ss. 150, 161 and 162.

        4. 164. Special provisions as to partnerships.

      6. Miscellaneous and supplementary provisions

        1. 165. Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.

        2. 166. Saving for claimant’s right to sell whole hereditament, etc.

        3. 167. No withdrawal of constructive notice to treat.

        4. 168. Meaning of “owner-occupier” and “resident owner–occupier”.

        5. 169. “Appropriate authority” for purposes of Chapter II.

        6. 170. “Appropriate enactment” for purposes of Chapter II.

        7. 171. General interpretation of Chapter II.

  7. Part VII

    Enforcement

    1. Enforcement notices

      1. 172. Power to issue enforcement notice.

      2. 173. Contents of enforcement notice.

      3. 174. Appeal against enforcement notice.

      4. 175. Appeals: supplementary provisions.

      5. 176. General provisions relating to determination of appeals.

      6. 177. Grant or modification of planning permission on appeals against enforcement notices.

      7. 178. Execution and cost of works required by enforcement notice.

      8. 179. Penalties for non-compliance with enforcement notice.

      9. 180. Effect of planning permission on enforcement notice.

      10. 181. Enforcement notice to have effect against subsequent development.

      11. 182. Enforcement by the Secretary of State.

    2. Stop notices

      1. 183. Stop notices.

      2. 184. Stop notices: supplementary provisions.

      3. 185. Service of stop notices by Secretary of State.

      4. 186. Compensation for loss due to stop notice.

      5. 187. Penalties for contravention of stop notice.

    3. Registers

      1. 188. Register of enforcement and stop notices.

    4. Enforcement of orders for discontinuance of use, etc.

      1. 189. Penalties for contravention of orders under s. 102 and Schedule 9.

      2. 190. Enforcement of orders under s. 102 and Schedule 9.

    5. Established use certificates

      1. 191. Meaning of “established use”.

      2. 192. Applications for established use certificates.

      3. 193. Supplementary provisions as to applications.

      4. 194. Determination of applications.

      5. 195. Appeals against refusal or failure to give decision on application.

      6. 196. Further provisions as to references and appeals to the Secretary of State.

  8. Part VIII

    Special Controls

    1. Chapter I

      Trees

      1. General duty of planning authorities as respects trees

        1. 197. Planning permission to include appropriate provision for preservation and planting of trees.

      2. Tree preservation orders

        1. 198. Power to make tree preservation orders.

        2. 199. Form of and procedure applicable to orders.

        3. 200. Orders affecting land where Forestry Commissioners interested.

        4. 201. Provisional tree preservation orders.

        5. 202. Power for Secretary of State to make tree preservation orders.

      3. Compensation for loss or damage caused by orders, etc.

        1. 203. Compensation in respect of tree preservation orders.

        2. 204. Compensation in respect of requirement as to replanting of trees.

        3. 205. Determination of compensation claims.

      4. Consequences of tree removal, etc.

        1. 206. Replacement of trees.

        2. 207. Enforcement of duties as to replacement of trees.

        3. 208. Appeals against s. 207 notices.

        4. 209. Execution and cost of works required by s. 207 notice.

        5. 210. Penalties for non-compliance with tree preservation order.

      5. Trees in conservation areas

        1. 211. Preservation of trees in conservation areas.

        2. 212. Power to disapply s. 211.

        3. 213. Enforcement of controls as respects trees in conservation areas.

        4. 214. Registers of s. 211 notices.

    2. Chapter II

      Land Adversely Affecting Amenity of Neighbourhood

      1. 215. Power to require proper maintenance of land.

      2. 216. Penalty for non-compliance with s. 215 notice.

      3. 217. Appeal to magistrates' court against s. 215 notice.

      4. 218. Further appeal to the Crown Court.

      5. 219. Execution and cost of works required by s. 215 notice.

    3. Chapter III

      Advertisements

      1. Advertisement regulations

        1. 220. Regulations controlling display of advertisements.

        2. 221. Power to make different advertisement regulations for different areas.

        3. 222. Planning permission not needed for advertisements complying with regulations.

      2. Repayment of expense of removing prohibited advertisements

        1. 223. Repayment of expense of removing prohibited advertisements.

      3. Enforcement of control over advertisements

        1. 224. Enforcement of control as to advertisements.

        2. 225. Power to remove or obliterate placards and posters.

  9. Part IX

    Acquisition and Appropriation of Land for Planning Purposes, etc.

    1. Acquisition for planning and public purposes

      1. 226. Compulsory acquisition of land for development and other planning purposes.

      2. 227. Acquisition of land by agreement.

      3. 228. Compulsory acquisition of land by the Secretary of State for the Environment.

      4. 229. Appropriation of land forming part of common, etc.

      5. 230. Acquisition of land for purposes of exchange.

      6. 231. Power of Secretary of State to require acquisition or development of land.

    2. Appropriation, disposal and development of land held for planning purposes, etc.

      1. 232. Appropriation of land held for planning purposes.

      2. 233. Disposal by local authorities of land held for planning purposes.

      3. 234. Disposal by Secretary of State of land acquired under s. 228.

      4. 235. Development of land held for planning purposes.

    3. Extinguishment of certain rights affecting acquired or appropriated land

      1. 236. Extinguishment of rights over land compulsorily acquired.

      2. 237. Power to override easements and other rights.

      3. 238. Use and development of consecrated land.

      4. 239. Use and development of burial grounds.

      5. 240. Provisions supplemental to ss. 238 and 239.

      6. 241. Use and develo