Town and Country Planning Act 1968

• (3) In section 139 of the principal Act (notice requiring purchase of claimant's interest on ground of planning blight), " the relevant date "—

• (a) in relation to land mentioned in subsection (1)(c) above, means the date when the order for its compulsory purchase was confirmed or made by the Minister ; and

• (b) in relation to land mentioned in subsection (1)(d) above, means the date on which the Minister of Transport or the Secretary of State gave to the local planning authority the written notice specified in that paragraph.

• (4) Paragraphs (a) and (b) of subsection (1) above shall have effect instead of paragraphs (a) and (b) of the said section 138(1).

Power of mortgagee to serve blight notice.

34

• (1) The provisions of this section shall have effect for enabling mortgagees to take advantage of the provisions of sections 138 to 151 of the principal Act (notice requiring purchase by local planning authority on grounds of planning blight).

• (2) Where the whole or part of a hereditament or agricultural unit is comprised in land of any of the descriptions contained in paragraphs (b) to (f) of section 138(1) of the principal Act or paragraphs (a) to (d) of section 33(1) of this Act and a person claims that—

• (a) that he is entitled as mortgagee (by virtue of a power which has become exercisable) to sell an interest in the hereditament or unit, giving immediate vacant possession of the land; and

• (b) since the relevant date (within the meaning of section 139 of the principal Act or, as the case may be, section 33(3) of this Act) he has made reasonable endeavours to sell that interest; and

• (c) he has been unable to sell it except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were comprised in land of any of the said descriptions,

then, subject to the provisions of this section, he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, sections 138 to 151 of the principal Act.

• (3) Subsection (2) above shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit:

Provided that this subsection shall not enable a person—

• (a) if his interest as mortgagee is in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of any interest in part of the hereditament or unit; or

• (b) if his interest as mortgagee is only in part of a hereditament or agricultural unit, to make or serve any such notice or claim in respect of any interest in less than the entirety of that part.

• (4) Notice under this section shall not be served unless one or other of the following conditions is satisfied with regard to the interest which the mortgagee claims he has the power to sell:—

• (a) the interest could be the subject of a notice under section 139 of the principal Act served by the person entitled thereto on the date of service of the notice under this section ; or

• (b) the interest could have been the subject of such a notice served by that person on a date not more than six months before the date of service of the notice under this section.

• (5) If any question arises which authority are the appropriate authority for the purposes of subsection (2) above, subsection (4)(b) above shall then apply with the substitution for the period of six months of a reference to that period extended by so long as it takes to obtain a determination of the question.

• (6) No notice under this section shall be served in respect of a hereditament or agricultural unit, or any part of a hereditament or agricultural unit, at a time when a notice already served under section 139 of the principal Act is outstanding with respect to the hereditament, unit or part; and no notice shall be so served under section 139 of that Act at a time when a notice already served under this section is so outstanding.

• (7) For the purposes of subsection (6) above, a notice served under this section or section 139 of the principal Act shall be treated as outstanding with respect to a hereditament or agricultural unit, or to part of a hereditament or agricultural unit, until—

• (a) it is withdrawn in relation to the hereditament, unit or part; or

• (b) an objection to the notice having been made by a counter-notice under section 140 of the principal Act, either—

• (i) the period of two months specified in section 141(1) of the principal Act elapses without the claimant having required the objection to be referred to the Lands Tribunal under that section; or

• (ii) the objection, having been so referred to the Lands Tribunal, is upheld by the Tribunal with respect to the hereditament, unit or part.

• (8) The grounds on which objection may be made in a counter-notice under section 140 of the principal Act to a notice under this section are those specified in paragraphs (a) to (c) of subsection (2) of that section and, in a case to which section 35(1) below applies, the ground specified in (that subsection and also the following grounds:—

• (a) that, on the date of service of the notice under this section, the claimant had no interest as mortgagee in any part of the hereditament or agricultural unit to which the notice relates ;

• (b) that (for reasons specified in the counter-notice) the claimant had not on that date the power referred to in subsection (2) (a) above ;

• (c) that the conditions specified in subsection (2) (b) and (c) above are not fulfilled ;

• (d) that (for reasons specified in the counter-notice) neither of the conditions specified in subsection (4) above was, on the date of service of the notice under this section, satisfied with regard to the interest referred to in that subsection.

Extension of grounds of objection to blight notice.

35

• (1) Where a blight notice is served under section 139 of the principal Act or section 34 above, then in the case of land—

• (a) falling within section 138(1)(c) of the principal Act or section 33(1)(a) of this Act; and

• (b) not falling within section 138(1)(e) or (f) of that Act or section 33(1)(d) of this Act,

the grounds on which an objection may be made in a counter-notice under section 140 of the principal Act shall include the grounds that the appropriate authority (unless compelled to do so by virtue of sections 139 to 151 of the principal Act and section 34 above, do not propose to acquire in the exercise of any relevant powers any part of the hereditament or (in the case of an agricultural unit) any part of the affected area during the period of fifteen years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice.

• (2) An objection may not be made as aforesaid on the grounds mentioned in subsection (1) above if it may be made on the grounds mentioned in section 140(2)(b) of the principal Act (objection on the grounds that the appropriate authority do not propose to acquire any part of the hereditament or affected area in question).

• (3) An objection on the grounds mentioned in subsection (1) above which is referred to the Lands Tribunal shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.

• (4) Section 145(1) and (2) of the principal Act (lapsing of compulsory purchase powers when objection under section 140 of that Act is successful) shall apply in relation to an objection on the said grounds as they apply in relation to an objection on the grounds mentioned in section 140(2)(b) of that Act.

• (5) The council of a county, county borough, London borough or county district or the Greater London Council may, subject to such conditions as may be approved by the Minister, advance money to any person for the purpose of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 140 of the principal Act specifying the grounds mentioned in subsection (1) above as, or as one of, the grounds of objection, if, in the case of a hereditament, its annual value does not exceed such amount as may be prescribed for the purposes of section 13 8(3) (a) of the principal Act (interests qualifying for protection under that Act).

• (6) Paragraph (c) of section 140(2) of the principal Act (objection on the grounds that the appropriate authority propose to acquire part only of the affected area of an agricultural unit) and the following provisions of that Act, that is to say—

• sections 141(5) and 142(3) (subsequent proceedings where such an objection made); and

• section 145(4) and (5) (lapsing of compulsory purchase powers when objection under section 140 is successful),

shall apply to hereditaments as they apply to any such area, references in those provisions to the affected area being construed as references to the hereditament.

• (7) Subsection (6) above shall not affect the right of a claimant under section 92 of the Lands Clauses Consolidation Act 1845 to sell the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase.

• (8) Subsection (6) above shall not affect the right of a claimant under section 8 of the Compulsory Purchase Act 1965 to sell (unless the Lands Tribunal otherwise determines) the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase; and accordingly in determining whether or not to uphold an objection relating to a hereditament on the grounds mentioned in paragraph (c) of section 140(2) of the principal Act the Tribunal shall consider (in addition to the other matters which they are required to consider) whether—

• (a) in the case of a house, building or manufactory, the part proposed to be acquired can be taken without material detriment to the house, building or manufactory ; or

• (b) in the case of a park or garden belonging to a house, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house.

Compensation for compulsory purchase of land in clearance areas and of historic buildings.

36

Where an interest in land is acquired in pursuance of a blight notice and the interest is one—

• (a) in respect of which a compulsory purchase order is in force under section 1 of the Act of 1946 (as applied by section 50 of this Act) containing a direction for minimum compensation under section 53 of this Act; or

• (b) in respect of which a compulsory purchase order is in force under Part III of the Housing Act 1957,

the compensation payable for the acquisition shall, in a case falling within paragraph (a) above, be assessed in accordance with the direction mentioned in that paragraph and, in a case falling within paragraph (b) above, be assessed in accordance with Part III of the said Act of 1957, in either case as if the notice to treat deemed to have been served in respect of the interest under section 142 of the principal Act had been served in pursuance of the compulsory purchase order.

Miscellaneous amendments of Part VIII of principal Act.

37

• (1) Section 143 of the principal Act (exclusion of compensation for severance and disturbance) shall cease to have effect.

• (2) The power to make an order under section 138(3)(a) of the principal Act (limit of annual value of hereditament an interest in which qualifies for protection under sections 139 to 151 of that Act) shall be exercisable by statutory instrument, and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) For a person to be treated under section 149(1) or (3) of the principal Act (definitions for purposes of blight notice provisions) as owneroccupier or resident owner-occupier of a hereditament, his occupation thereof at a relevant time or during a relevant period, if not occupation of the whole of the hereditament, must be or, as the case may be, have been occupation of a substantial part of it.

• (4) In subsections (1)(b), (2)(b) and (3)(b) of the said section 149, the period of six months ending not more than six months before the date of service shall in each case be replaced by a period of six months ending not more than twelve months before that date.

• (5) If any question arises which authority is the appropriate authority for the purposes of sections 139 to 151 of the principal Act or section 34 of this Act—

• (a) section 140(1) of that Act (objection to blight notice) shall have effect as if the reference to the date of service of that notice were a reference to that date or the date on which that question is determined, whichever is the later and

• (b) subsections (1)(b), (2)(b) and (3)(b) of section 149 of that Act shall apply with the substitution for the reference to twelve months before the date of service of a reference to that period extended by so long as it takes to obtain a determination of the question.

Consequential amendments of ss.138 to 150 of principal Act.

38

The provisions of the principal Act specified in Schedule 4 to this Act (being provisions about blight notices and proceedings in connection therewith) shall be amended as shown in that Schedule.

Disposal of land by public authorities

Restriction on exercise by public authorities of power of disposing of land.

39

• (1) Section 26(1) of the Town and Country Planning Act 1959 (power of local and other public authorities to dispose of land without consent of a Minister) shall not apply to the exercise of a power to dispose of land conferred by any enactment if the power is exercised in respect of—

• (a) housing accommodation in respect of which there has been made to a local authority (whether before or after the commencement of that Act) an Exchequer payment within the meaning of section 58(2) of the Housing (Financial Provisions) Act 1958 or a payment under an enactment repealed by the said Act of 1958 or any earlier Act and re-enacted (with or without modifications) by any of the provisions mentioned in the said section 58(2); or

• (b) an approved dwelling within the meaning of Part I of the Housing Subsidies Act 1967.

• (2) Section 26(5)(b) of the said Act of 1959 (which makes provision corresponding to subsection (1) above in the case of a disposal of land under section 104 of the Housing Act 1957) shall cease to have effect.

PART V — Buildings of Architectural or Historic Interest

Restriction on demolition and other works

New provisions restricting demolition etc. of listed buildings.

40

• (1) In this Part of this Act the expression " listed building " means a building which is for the time being included in a list compiled or approved by the Minister under section 32 of the principal Act (buildings of special architectural or historic interest).

• (2) Subject to this Part of this Act, if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, and the works are not authorised under this Part of this Act, he shall be guilty of an offence.

• (3) For (the purposes of this Part of this Act, any object or structure fixed to a building, or forming part of the land and comprised within the curtilage of a building, shall be treated as part of the building.

• (4) Works for the demolition of a listed building, or for its alteration or extension, are authorised under this Part of this Act only if—

• (a) the local planning authority or the Minister have granted written consent (hereafter in this Act referred to as " listed building consent ") for the execution of the works and the works are executed in accordance with the terms of the consent and of any conditions attached to the consent under section 41 below ; and

• (b) in the case of demolition, notice of the proposal to execute the works has been given to the Royal Commission and thereafter either—

• (i) for a period of at least one month following the grant of listed building consent, and before the commencement of the works, reasonable access to the building has been made available to members or officers of the Commission for the purpose of recording it; or

• (ii) the Commission have, by their Secretary or other officer of theirs with authority to act on the Commission's behalf for the purposes of this section, stated in writing that they have completed their recording of the building or that they do not wish to record it.

• (5) In subsection (4) above " the Royal Commission " means, in relation to England, the Royal Commission on Historical Monuments (England) and, in relation to Wales, the Royal Commission on Ancient and Historical Monuments (Wales and Monmouthshire); but the Minister may, in relation to either England or Wales, or both, by order made by statutory instrument provide that the said subsection shall, in the case of works 'executed or to be executed on or after such date as may be specified in the order, have effect with the substitution for the reference to the Royal Commission of a reference to such other body as may be so specified.

• (6) Without prejudice to subsection (2) above, if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent under section 41 below, he shall be guilty of an offence.

• (7) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction to imprisonment for a term of not more than three months or a fine of not more than £250, or both ; or

• (b) on conviction on indictment to imprisonment for a term not exceeding twelve months or a fine, or both ;

and, in determining the amount of any fine to be imposed on a person convicted on indictment, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

• (8) In proceedings for an offence under this section it shall be a defence to prove that the works were urgently necessary in the interests of safety or health, or for the preservation of the building, and that notice in writing of the need for the works was given to the local planning authority as soon as reasonably practicable.

• (9) Sections 30 and 31 of the principal Act (building preservation orders) and section 33 of that Act (effect of inclusion of building in a list under section 32 of the Act) shall cease to have effect.

• (10) Every building which immediately before the commencement of this Part of this Act was subject to a building preservation order under Part III of the principal Act, but was not then included in a list compiled or approved under section 32 of that Act, shall be deemed to be a listed building; but the Minister may at any time direct, in the case of any building, that this subsection shall no longer apply to it and the council of the county borough, London borough or county district in whose area the building is situated, on being notified of the Minister's direction, shall give notice of it to the owner and occupier of the building.

• (11) Before giving a direction under subsection (10) above in relation to a building, the Minister shall consult with the local planning authority and with the owner and the occupier of the building.

Provisions supplementary to s.40.

41

• (1) Section 40 above shall not apply to works for the demolition, alteration or extension of—

• (a) an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or

• (b) a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments; or

• (c) a building for the time being included in a list of monuments published by the Minister of Public Building and Works under any such enactment.

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

• (2) Where, on an application in that behalf, planning permission is granted after the commencement of this Part of this Act and—

• (a) the development for which the permission is granted includes the carrying out of any works for the alteration or extension of a listed building ; and

• (b) the planning permission or any condition subject to which it is granted is so framed as expressly to authorise the execution of the works (describing them),

the planning permission shall operate as listed building consent in respect of those works; but, except as provided by this subsection, the grant of planning permission for any development shall not make it unnecessary for such consent to be obtained in respect of any works to which section 40 above applies.

• (3) In considering whether to grant planning permission for development which consists in or includes works for the alteration or extension of a listed building, and in considering whether to grant listed building consent for any works, the local planning authority or the Minister, as the case may be, shall have special regard to the desirability of preserving the building or any features of special architectural or historic interest which it possesses.

• (4) Without prejudice to section 17(1) of the principal Act (grant of planning permission unconditionally or subject to conditions), the conditions which may under that subsection be attached to a grant of planning permission shall, in the case of such development as is referred to in subsection (2) above, include conditions with respect to—

• (a) the preservation of particular features of the building, either as part of it or after severance therefrom;

• (b) the making good, after the works are completed, of any damage caused to the building by the works;

• (c) the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions.

• (5) Listed building consent may be granted either unconditionally or subject to conditions, which may include such conditions as are mentioned in subsection (4) above.

• (6) Part I of Schedule 5 to this Act shall have effect with respect to applications to local planning authorities for listed building consent, the reference of such applications to the Minister and appeals against decisions on such applications; and Part II of that Schedule shall have effect with respect to the revocation of listed building consent by a local planning authority or the Minister and to the compensation payable in the case of revocation.

Owner's rights on refusal of consent to works

Purchase notice on refusal or conditional grant of listed building consent.

42

• (1) Where, on an application for listed building consent in respect of a building, consent is refused or is granted subject to conditions or, by an order under Part II of Schedule 5 to this Act, listed building consent is revoked or modified, then if any owner of the land claims—

• (a) that the land has become incapable of reasonably beneficial use in its existing state ; and

• (b) in a case where consent was granted subject to conditions with respect to the execution of the works or, as the case may be, was modified by the imposition of such conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the works in accordance with those conditions; and

• (c) in any case that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other works for which listed building consent has been granted or for which the local planning authority or the Minister has undertaken to grant such consent,

he may, within the prescribed time and manner, serve on the council of the county borough, county district or London borough in which the land is situated a notice requiring that council to purchase his interest in the land in accordance with Part III of Schedule 5 to this Act.

• (2) A notice under this section is in this Act referred to as a " listed building purchase notice ".

• (3) In this section and in Part III of Schedule 5 to this Act, " the land " means the building in respect of which listed building consent has been refused, or granted subject to conditions, or modified by the imposition of conditions, and in respect of which its owner serves a notice under this section, together with any land comprising the building, or contiguous or adjacent to it, and owned with it, being land as to which the owner claims that its use is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.

• (4) Where, for the purpose of determining whether the conditions specified in paragraph's (a) to (c) of subsection (1) above are satisfied in relation to the land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of new development or of any works requiring listed building consent which might be executed to the building, other than works for which the local planning authority or the Minister have undertaken to grant such consent.

Compensation for refusal of consent to alterations etc.

43

• (1) The provisions of this section shall have effect where an application is made for listed building consent for the alteration or extension of a listed building and—

• (a) either the works do not constitute development or they do so but the development is such that planning permission therefor is granted by a development order; and

• (b) the Minister, either on appeal or on the reference of the application to him, refuses such consent or grants it subject to conditions.

• (2) If, on a claim made to the local planning authority within the prescribed time and manner, it is shown that the value of the interest of any person in the land is less than it would have been if listed building consent had been granted, or had been granted unconditionally, as the case may be, the local planning authority shall pay to that person compensation of an amount equal to the difference.

• (3) In determining, for the purposes of subsection (2) above, whether or to what extent the value of an interest in land is less than it would have been if the permission had been granted, or had been granted unconditionally,—

• (a) it shall be assumed that any subsequent application for the like consent would be determined in the same way ; but

• (b) if, in the case of a refusal of listed building consent, the Minister, on refusing that consent, undertook to grant such consent for some other works to the building in the event of an application being made in that behalf, regard shall be had to that undertaking.

• (4) No compensation shall be payable under this section in respect of an interest in land in respect of which a purchase notice is served, whether under section 129 or 135 of the principal Act or under section 42 above, being a purchase notice which takes effect.

Enforcement

Notice to enforce s. 40 control.

44

• (1) Where it appears to the local planning authority that any works have been, or are being, executed to a listed building in their area and are such as to involve a contravention of section 40(2) or (6) of this Act, then, subject to any directions given by the Minister, they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, serve a notice—

• (a) specifying the alleged contravention ; and

• (b) requiring such steps as may be specified in the notice for restoring that building to its former state or, as the case may be, for bringing it to the state it would have been in if the terms and conditions of any listed building consent for the works had been complied with, to be taken within such period as may be so specified.

• (2) A notice under this section is hereafter in this Act referred to as a " listed building enforcement notice ".

• (3) Part IV of Schedule 5 to this Act shall have effect with respect to listed building enforcement notices and appeals against such notices.

Penalties for non-compliance with notice under s.44.

45

• (1) Subject to the provisions of this section, where a listed building enforcement notice has been served on the person who, at the time when the notice was served on him, was the owner of the building to which it relates, then, if any steps required by the notice to be taken have not been taken within the period allowed for compliance with the notice, that person shall be liable on summary conviction to a fine not exceeding £400, or on conviction on indictment to a fine.

• (2) If a person against whom proceedings have been brought under subsection (1) above has, at some time before the end of the period allowed for compliance with the notice, ceased to be the owner of the building, he shall, upon information duly laid by him, and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the building (in this section referred to as " the subsequent owner ") brought before the court in the proceedings.

• (3) If, after it has been proved that any steps required by the notice have not been taken within the period allowed for compliance with the notice, the original defendant proves that the failure to take those steps was attributable, in whole or in part, to the default of the subsequent owner,—

• (a) the subsequent owner may be convicted of the offence ; and

• (b) the original defendant, if he further proves that he took all reasonable steps to secure compliance with the notice, shall be acquitted of the offence.

• (4) If, after a person has been convicted under the foregoing provisions of this section, he does not as soon as practicable do everything in his power to secure compliance with the notice, he shall be guilty of a further offence and be liable—

• (a) on summary conviction to a fine of not more than £50 for each day following his first conviction on which any of the requirements of the notice remain unfulfilled ; or

• (b) on conviction on indictment to a fine.

• (5) Any reference in this section or section 46 below to the period allowed for compliance with a listed building enforcement notice is a reference to the period specified in the notice as that within which the steps specified in the notice are required thereby to be taken, or such extended period as the local planning authority may allow for taking them.

Execution and cost of works required under enforcement procedure.

46

• (1) If, within the period allowed for compliance with a listed building enforcement notice any steps required by the notice to be taken have not been taken, the authority may enter on the land and take those steps and may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

• (2) Any expenses incurred by the owner or occupier of a building for the purpose of complying with a listed building enforcement notice and any sums paid by the owner of a building under subsection (1) of this section in respect of expenses incurred by the local planning authority in taking steps required by such a notice to be taken, shall be deemed to be incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.

• (3) Section 49(2) and (3) of the principal Act (application by regulations of certain provisions of the Public Health Act 1936 in relation to enforcement works) shall apply in relation to a listed building enforcement notice as they apply in relation to an enforcement notice; and any regulations made by virtue of this subsection may provide for the charging on the land on which the building stands of any expenses recoverable by a local planning authority under subsection (1) of this section.

Enforcement by, or by direction of, the Minister.

47

• (1) If it appears to the Minister, after consultation with the local planning authority (and, in Greater London, also with the Greater London Council), to be expedient that a listed building enforcement notice should be served in respect of any land, he may give directions to the local planning authority requiring them to serve such a notice, or may himself serve such a notice ; and any notice so served by the Minister shall have the like effect as a notice served by the local planning authority.

• (2) In relation to a listed building enforcement notice served by the Minister, the provisions of section 45(5) and 46 of this Act shall apply as if for any reference therein to the local planning authority there were substituted a reference to the Minister.

Other measures open to local planning authority and the Minister

Building preservation notice in respect of building not listed.

48

• (1) If it appears to the local planning authority, in the case of a building in their area which is not a listed building, that it is of special architectural or historic interest and is in danger of demolition or of alteration in such a way as to affect its character as such, they may (subject to subsection (2) below) serve on the owner and occupier of the building a notice (referred to in this section as a " building preservation notice ")—

• (a) stating that the building appears to them to be of special architectural or historic interest and that they have requested the Minister to consider including it in a list compiled or approved under section 32 of the principal Act; and

• (b) explaining the effect of subsections (3) and (4) of this section.

• (2) A building preservation notice shall not be served in respect of—

• (a) an ecclesiastical building which is for the time being used for ecclesiastical purposes ; or

• (b) a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments ; or

• (c) a building for the time being included in a list of monuments published by the Minister of Public Building and Works under any such enactment.

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

• (3) A building preservation notice shall come into force as soon as it has been served on both the owner and occupier of the building to which it relates and shall remain in force for six months from the date when it is served or, as the case may be, last served; but it shall cease to be in force if, before the expiration of that period, the Minister either includes the building in a list compiled or approved under section 32 of the principal Act or notifies the local planning authority in writing that he does not intend to do so.

• (4) While a building preservation notice is in force with respect to a building, the provisions of this Part of this Act shall have effect in relation to it as if the building were a listed building; and if the notice ceases to be in force (otherwise than by reason of the building being included in a list compiled or approved under the said section 32), the provisions of Part V of Schedule 5 to this Act shall have effect with respect to things done or occurring under the notice or with reference to the building being treated as listed.

• (5) If, following the service of a building preservation notice, the Minister notifies the local planning authority that he does not propose to include the building in a list compiled or approved under section 32 of the principal Act, the authority—

• (a) shall forthwith give notice of the Minister's decision to the owner and occupier of the building ; and

• (b) shall not, within the period of twelve months beginning with the date of the Minister's notification, serve another such notice in respect of the said building.

Compensation for loss or damage caused by service of building preservation notice.

49

• (1) The following provisions of this section shall have effect as respects compensation where a building preservation notice is served.

• (2) The local planning authority shall not be under any obligation to pay compensation under section 43 of this Act, in respect of any refusal of listed building consent or its grant subject to conditions, unless and until the building is included in a list compiled or approved by the Minister under section 32 of the principal Act; but this subsection shall not prevent a claim for such compensation being made before the building is so included.

• (3) If the building preservation notice ceases to have effect without the building having been included in a list so compiled or approved, then, subject to a claim in that behalf being made to the local planning authority within the prescribed time and in the prescribed manner, any person who at the time when the notice was served had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.

• (4) The loss or damage in respect of which compensation is payable under subsection (3) above shall include a sum payable in respect of a breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the building preservation notice being in force with respect thereto.

Compulsory acquisition of listed building in need of repair.

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• (1) Where it appears to the Minister, in the case of a building to which this section applies, that reasonable steps are not being taken for properly preserving it, the Minister may authorise the council of the county, county borough or county district in which the building is situated or, in the case of a building situated in Greater London, the Greater London Council or the London borough council, to acquire compulsorily under this section the building and any land comprising or contiguous or adjacent to it which appears to the Minister to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

• (2) Where it appears to the Minister, in the case of a building to which this section applies, that reasonable steps are not being taken for properly preserving it, he may be authorised under this section to acquire compulsorily the building and any land comprising or contiguous or adjacent to it which appears to him to be required for the purpose mentioned in subsection (1) of this section.

• (3) This section applies to any listed building, not being—

• (a) an ecclesiastical building which is for the time being used for ecclesiastical purposes ; or

• (b) a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments ; or

• (c) a building for the time being included in a list of monuments published by the Minister of Public Building and Works under any such enactment.

For the purposes of this subsection a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

• (4) The Minister shall not make or confirm a compulsory purchase order for the acquisition of any building by virtue of this section unless he is satisfied that it is expedient to make provision for the preservation of the building and to authorise its compulsory acquisition for that purpose.

• (5) The Act of 1946 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect—

• (a) as if this section had been in force immediately before the commencement of that Act; and

• (b) as if references therein to the Minister of Transport and to the enactments specified in section 1(1)(b) of that Act included respectively references to the Minister and to the provisions of this section.

• (6) Any person having an interest in a building which it is proposed to acquire compulsorily under this section may, within twenty-eight days after the service of the notice required to be served under paragraph 3 of Schedule 1 to the Act of 1946, apply to a magistrates' court acting for the petty sessions area within which the building is situated for an order staying further proceedings on the compulsory purchase order; and, if the court is satisfied that reasonable steps have been taken for properly preserving the building, the court shall make an order accordingly.

• (7) Any person aggrieved by the decision of a magistrates' court on an application under subsection (6) above may appeal against that decision to a court of quarter sessions.

Repairs notice as preliminary to compulsory acquisition.

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• (1) Neither a council nor the Minister shall start the compulsory purchase of a building under section 50 above unless at least two months previously they have served on the owner of the building, and not withdrawn, a notice under this section (referred to in this section as a " repairs notice ")—

• (a) specifying the works which they consider reasonably necessary for the proper preservation of the building; and

• (b) explaining the effect of sections 50 to 53 of this Act.

• (2) Where a council or the Minister have served a repairs notice, the demolition of the building thereafter shall not prevent them from being authorised under section 50 above to acquire compulsorily the site of the building, if the Minister is satisfied that he would have confirmed or, as the case may be, would have made a compulsory purchase order in respect of the building had it not been demolished.

• (3) A council or the Minister may at any time withdraw a repairs notice served by them; and if they do so, they shall forthwith give notice of the withdrawal to the person who was served with the notice.

• (4) A person on whom there has been served a repairs notice shall not in any case be entitled to serve a purchase notice under section 129 of the principal Act or section 42 of this Act until the expiration of three months beginning with the date of the service of the repairs notice; and if during the said period of three months the council or the Minister start the compulsory acquisition of the building in the exercise of their powers under section 50 above, the person shall not be so entitled unless and until the compulsory acquisition is discontinued.

• (5) For the purposes of this section a compulsory acquisition—

• (a) is started when the council or the Minister, as the case may be, serve the notice required by paragraph 3(1)(b) of Schedule 1 to the Act of 1946 ; and

• (b) is discontinued, in the case of acquisition by a council, when they withdraw the compulsory purchase order or the Minister decides not to confirm it and, in the case of acquisition by the Minister, when he decides not to make the compulsory purchase order.

Compensation on compulsory acquisition.

52

Subject to section 53 below, for the purpose of assessing compensation in respect of any compulsory acquisition of land including a building which, immediately before the date of the compulsory purchase order, was listed, it shall be assumed that listed building consent would be granted for any works for the alteration or extension of the building, or for its demolition, other than works in respect of which such consent has been applied for before the date of the order and refused by the Minister, or granted by him subject to conditions, the circumstances having been such that compensation thereupon became payable under section 43 of this Act.

Minimum compensation in case of building deliberately left derelict.

53

• (1) A council proposing to acquire a building compulsorily under section 50 above, if they are satisfied that the building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the development or re-development of the site or any adjoining site, may include in the compulsory purchase order as submitted to the Minister for confirmation an application for a direction for minimum compensation ; and the Minister, if he is so satisfied, may include such a direction in the order as confirmed by him.

• (2) Subject to the provisions of this section, where the Minister acquires a building compulsorily under section 50 of this Act, he may, if he is satisfied as mentioned in subsection (1) above, include a direction for minimum compensation in the compulsory purchase order.

• (3) The notice required to be served in accordance with paragraph 3(1)(b) of Schedule 1 to the Act of 1946 (notices stating effect of compulsory purchase order or, as the case may be, draft order) shall, without prejudice to so much of that paragraph as requires the notice to state the effect of the order, include a statement that the authority have made application for a direction for minimum compensation or, as the case may be, that the Minister has included such a direction in the draft order prepared by him in accordance with paragraph 7 of that Schedule and shall in either case explain the meaning of the expression " direction for minimum compensation ".

• (4) A direction for minimum compensation, in relation to a building compulsorily acquired, is a direction that for the purpose of assessing compensation it is to be assumed, notwithstanding anything to the contrary in the Land Compensation Act 1961 or this Act, that planning permission would not be granted for any development or re-development of the site of the building and that listed building consent would not be granted for any works for the demolition, alteration or extension of the building other than development or works necessary for restoring it to, and maintaining it in, a proper state of repair; and if a compulsory purchase order is confirmed or made with the inclusion of such a direction, the compensation in respect of the compulsory acquisition shall be assessed in accordance with the direction.

• (5) Where the local authority include in a compulsory purchase order made by them an application for a direction for minimum compensation, or the Minister includes such a direction in a draft compulsory purchase order prepared by him, any person having an interest in the building may, within twenty-eight days after the service of the notice required by paragraph 3(1)(b) of Schedule 1 to the Act of 1946, apply to a magistrates' court acting for the petty sessions area in which the building is situated for an order that the local authority's application for a direction for minimum compensation be refused or, as the case may be, that such a direction be not included in the compulsory purchase order as made by the Minister; and if the court is satisfied that the building has not been deliberately allowed to fall into disrepair for the purpose mentioned in subsection (1) of this section, the court shall make the order applied for.

• (6) A person aggrieved by the decision of a magistrates' court on an application under subsection (5) above may appeal against the decision to a court of quarter sessions.

• (7) The rights conferred by subsections (5) and (6) of this section shall not prejudice those conferred by section 50(6) and (7) of this Act.

Miscellaneous

Matters which may be taken into account by Minister in listing buildings.

54

In considering whether to include a building in a list compiled or approved under section 32 of the principal Act, the Minister may take into account not only the building itself but also—

• (a) any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part; and

• (b) the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.

Application of control to local planning authorities.

55

• (1) In relation to buildings of local planning authorities which are listed, and to the execution of works for their demolition, alteration or extension, this Part of this Act shall have effect subject to such exceptions and modifications as may be prescribed.

• (2) Regulations made under this section may in particular provide for securing—

• (a) that any application by a local planning authority for listed building consent shall be made to the Minister; and

• (b) that any notice authorised to be served under this Part of this Act in relation to a listed building belonging to a local planning authority shall be served by the Minister.

Directions by Minister to local planning authorities with respect to development affecting Conservation Areas.

56

• (1) The Minister may give directions to local planning authorities with respect to the matters which they are to take into consideration in determining an application—

• (a) for planning permission for any such development as is referred to in section 1(6) of the Civic Amenities Act 1967 (special provisions as to publicity for applications affecting Conservation Areas); or

• (b) for listed building consent for any works for the demolition, alteration or extension of a building in a Conservation Area,

and with respect to the consultations which such authorities are to undertake before determining any such application.

• (2) Different directions may under this section be given to different local planning authorities ; and any, such directions may require an authority—

• (a) before determining an application to consult such persons or bodies of persons as the Minister may specify, being persons or bodies appearing to him to be competent to give advice in relation to the development or description of development to which the directions have reference;

• (b) to supply to any person or body, whom they are required by the directions to consult, specified documents or information enabling the body to form an opinion on which to base their advice :

• (c) to establish committees, consisting either of members of the authority or of other persons, or of both, to advise the authority in relation to the determination of such applications as are referred to in subsection (1) above.

Additional requirement of notice for development affecting Conservation Area.

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• (1) Where an application for planning permission for any development of land is made to a local planning authority and the case is one where the authority are required to comply with section 1(6) of the Civic Amenities Act 1967 (special publicity for planning applications affecting Conservation Areas), the authority shall also comply with the following subsection.

• (2) The authority shall, for not less than seven days display a notice on or near the land to which the application relates, containing the same particulars as are required by section 1(6) (a) of the Civic Amenities Act 1967 to be contained in the notice to be published by the authority in a local newspaper.

• (3) An application for planning permission to which section 1(6) of the said Act of 1967 applies shall not be determined by the local planning authority before both of the following periods have elapsed, namely:—

• (a) the period of twenty-one days referred to in paragraph (a) of that subsection ; and

• (b) the period of twenty-one days beginning with the date on which the notice required by subsection (2) of this section was first displayed ;

and in determining the application the authority shall take into account any representations relating to the application which are received by them before both those periods have elapsed.

• (4) In the said section 1(6), paragraphs (b) and (c) shall cease to have effect.

Removal of need for Minister's consent to certain local authority grants.

58

The power of a local authority under section 1(1) (b) of the Local Authorities (Historic Buildings) Act 1962 to contribute towards expenses incurred or to be incurred in the repair or maintenance of a building in their area appearing to them to be of architectural or historic interest shall be exercisable without the consent of the Minister.

Compulsory purchase affecting ancient monuments, etc.

59

In paragraph 12 of Schedule 1 to the Act of 1946 (application of special parliamentary procedure to compulsory purchase order affecting ancient monument etc., subject to certificate by Minister of Public Building and Works that undertakings have been given as to its preservation), the reference to land being, or being the site of, an ancient monument or other object of archaeological interest shall be construed as not including a reference to a listed building or any land or object comprised within the curtilage of such a building, unless the building or object is specified in the Schedule to the Ancient Monuments Protection Act 1882 or is for the time being specified in a list published under section 12 of the Ancient Monuments Consolidation and Amendment Act 1913.

Crown land.

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• (1) A building may be included in a list compiled or approved by the Minister under section 32 of the principal Act notwithstanding that it is Crown land.

• (2) Notwithstanding any interest of the Crown in Crown land, but subject to the provisions of section 199 of the principal Act (exercise of powers under that Act in relation to Crown land), any restrictions or powers imposed or conferred by this Part of this Act shall apply and be exercisable in relation to Crown land to the extent of any interest therein for the time being held otherwise than by or on behalf of the Crown.

• (3) In this section the expression " Crown land " has the same meaning as in section 199 of the principal Act.

PART VI — Miscellaneous Changes in Planning Law

Planning Inquiry Commissions

Constitution of Planning Inquiry Commissions.

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• (1) The Minister may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under section 62 below.

• (2) Any such commission shall consist of a chairman and not less than two nor more than four other members appointed by the Minister.

• (3) The Minister may pay to the members of any such commission such remuneration and allowances as he may with the consent of the Treasury determine, and may provide for each such commission such officers or servants, and such accommodation, as appears to him expedient to provide for the purpose of assisting the commission in the discharge of their functions.

• (4) The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

• (5) In Part II of Schedule 1 to the House of Commons Disqualification Act 1957 (commissions, tribunals and other bodies all members of which are disqualified under that Act), in its application to the House of Commons of the Parliament of the United Kingdom, the following entry shall be inserted at the appropriate place in alphabetical order:—

• A Planning Inquiry Commission constituted under Part VI of the Town and Country Planning Act 1968

.

• (6) The " Minister ", in relation to any matter affecting both England and Wales, means in subsections (1) and (2) above the Minister of Housing and Local Government and the Secretary of State for Wales acting jointly, and in subsection (3) above one of those Ministers authorised by the other to act on behalf of both of them for the purposes of that subsection.

References to a Planning Inquiry Commission.

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• (1) The following matters may, in the circumstances mentioned in subsection (2) below, be referred to a Planning Inquiry Commission, that is to say—

• (a) an application for planning permission which the Minister has under section 22 of the principal Act directed to be referred to him instead of being dealt with by a local planning authority ;

• (b) an appeal under section 23 of that Act (appeals to the Minister against planning decisions) as originally enacted or as applied by or under any other provision of that Act;

• (c) a proposal that a government department should give a direction under section 41 of that Act that planning permission shall be deemed to be granted for development by a local authority or by statutory undertakers which is required by any enactment to be authorised by that department;

• (d) a proposal that development should be carried out by or on behalf of a government department.

• (2) Any of the matters mentioned in subsection (1) above may be referred to any such commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds:—

• (a) there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation thereof cannot be made unless there is a special inquiry for the purpose ;

• (b) the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.

• (3) Two or more of the matters mentioned in subsection (1) above may be referred to the same commission under this section if it appears to the responsible Minister or Ministers that they relate to proposals to carry out development for similar purposes on different sites.

• (4) Where a matter referred to a commission under this section relates to a proposal to carry out development for any purpose at a particular site, the responsible Minister or Ministers may also refer to the commission the question whether development for that purpose should instead be carried out at an alternative site.

• (5) The responsible Minister or Ministers shall, on referring a matter to a commission under this section, state in the reference the reasons therefor and may draw the attention of the commission to any points which seem to him or them to be relevant to their inquiry.

• (6) A commission inquiring into a matter referred to them under this section shall—

• (a) identify and investigate the considerations relevant to, or the technical or scientific aspects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out and assess the importance to be attached to those considerations or aspects;

• (b) thereafter, if the applicant, in the case of a matter mentioned in subsection (1) (a), (b) or (c) above, or the local planning authority in any case so desire, afford to each of them, and, in the case of an application or appeal mentioned in the said subsection (1)(a) or (b), to any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 17(2) or (3) of the principal Act, an opportunity of appearing before and being heard by one or more members of the commission ;

• (c) report to the responsible Minister or Ministers on the matter referred to them.

• (7) Any such commission may, with the approval of the Minister and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report.

In this subsection " the Minister ", in relation to any matter affecting both England and Wales, means the Minister of Housing and Local Government or the Secretary of State acting in either case, by arrangements between the two of them, on behalf of both.

• (8) Sections 22(5) and 23(5) of the principal Act (duty of Minister to afford parties a hearing in cases of called-in applications for planning permission and appeals), and sections 21(6) and 22(4) of this Act, shall not apply to an application for planning permission or an appeal referred to a commission under subsection (1) above.

• (9) Schedule 6 to this Act shall have effect for the construction of references in this section and section 63 below to " the responsible Minister or Ministers ".

Procedure on a reference to a Planning Inquiry Commission.

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• (1) A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time and a reference of any other matter mentioned in section 62 above may be made at any time before, but not after, the determination of the relevant application referred under section 22 of the principal Act or the relevant appeal under section 23 of that Act or, as the case may be, the giving of the relevant direction under section 41 of that Act, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

• (2) Notice of the making of a reference to any such commission shall be published in the prescribed manner, and a copy of the notice shall be served on the local planning authority for the area in which it is proposed that the relevant development shall be carried out, and—

• (a) in the case of an application for planning permission referred under section 22 of the principal Act or an appeal under section 23 of that Act, on the applicant and any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 17(2) or (3) of the principal Act;

• (b) in the case of a proposal that a direction should be given under section 41 of that Act with respect to any development, on the local authority or statutory undertakers applying for authorisation to carry out that development.

• (3) A Planning Inquiry Commission shall, for the purpose of complying with section 62(6)(b) above, hold a local inquiry; and they may hold such an inquiry, if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority desire an opportunity of appearing and being heard.

• (4) Where a Planning Inquiry Commission are to hold a local inquiry under subsection (3) above in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this section to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry.

• (5) An inquiry held by such a commission under this section shall be treated for the purposes of the Tribunals and Inquiries Act 1958 as one held by a Minister in pursuance of a duty imposed by a statutory provision.

• (6) Subsections (2) to (5) of section 290 of the Local Government Act 1933 (evidence and costs at local inquiries) shall apply in relation to an inquiry held under subsection (3) above as they apply in relation to an inquiry caused to be held by a department under subsection (1) of that section with the substitution for references to a department (other than the first reference in subsection (4)) of references to the responsible Minister or Ministers.

• (7) Subject to the provisions of this section and to any directions given to them by the responsible Minister or Ministers, a Planning Inquiry Commission shall have power to regulate their own procedure.

Delegation of planning functions

Delegation of planning functions to officers of local authorities.

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• (1) A local planning authority may delegate to any officer of the authority the function of determining all or any, or a specified class, of the following applications, that is to say—

• (a) an application for planning permission under Part III of the principal Act;

• (b) an application for consent under an order under section 29 of that Act to the cutting down, topping, lopping or destruction of trees;

• (c) an application for consent under regulations under section 34 of that Act to the display of advertisements ;

• (d) an application for a determination under section 43 of that Act of the questions whether the carrying out of operations on land or the making of any change in the use of land constitutes or involves development of the land and, if so, whether an application for planning permission in respect thereof is required having regard to the provisions of the development order ;

• (e) an application for an established use certificate under section 17 of this Act;

• (f) an application for an approval required by a development order or by a condition imposed on the grant of planning permission.

• (2) A local authority to whom the function of determining any such application as is referred to in subsection (1) above is delegated under section 3 of the principal Act may delegate either—

• (a) to an officer of theirs ; or

• (b) with the consent of the local planning authority, to an officer of that authority,

the function of determining all or any, or a specified class, of those applications.

• (3) A delegation made by a local authority under this section to an officer of theirs or of another local authority—

• (a) shall be made to the officer by name ;

• (b) may be made with or without restrictions or conditions ;

• (c) may be withdrawn at any time by the delegating authority (either generally or in respect of a particular application), without prejudice to anything previously done by the officer thereunder ; and

• (d) shall, in the case of a delegation under subsection (2)(b) above, be treated as withdrawn if the consent of the local planning authority under that paragraph is withdrawn.

• (4) Where a local authority have under this section delegated to an officer of theirs or of another local authority the function of determining applications, and the officer so requests in the case of any application specified by him, the delegating authority shall themselves, instead of him, determine the application.

• (5) Where any functions have under this section been delegated to an officer of a local authority, any determination by him of such an application as is referred to in subsection (1) of this section shall, if it is notified in writing to the applicant, be treated for all purposes as a determination of the delegating authority.

• (6) Where an action has been brought against an officer of a local authority in respect of an act done by him in the discharge or purported discharge of functions delegated to him under this section and the circumstances are such that he is not legally entitled to require the delegating authority to indemnify him, that authority may nevertheless indemnify him against the whole or part of any damages and costs which he may have been ordered to pay or may have incurred, if they are satisfied that he honestly believed that the act complained of was done in the discharge of those functions and that his duty required or entitled him to do it.

• (7) In relation to any functions delegated under this section by a local authority to an officer of theirs or of another local authority, any reference to the local planning authority in any enactment relating to those functions shall (subject to the terms of the delegation and so far as the context does not otherwise require) be construed as including a reference to that officer.

Duration of planning permission

Limit of duration of planning permissions past and future.

65

• (1) Subject to the provisions of this section, every planning permission granted or deemed to have been granted before the commencement of this section shall, if the development to which it relates has not been begun before the beginning of 1968, be deemed to have been granted subject to a condition that the development must be begun not later than the expiration of five years beginning with the said commencement.

• (2) Subject to the provisions of this section, every planning permission granted or deemed to be granted after the commencement of this section shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—

• (a) five years begirming with the date on which the permission is granted or, as the case may be, deemed to be granted ; or

• (b) such other period (whether longer or shorter) beginning with the said date as the authority concerned with the terms of the planning permission may direct, being a period which the authority consider appropriate having regard to the provisions of the development plan and to any other material considerations.