Town and Country Planning Act 1968

• (1) Section 7 of the Act of 1965 (attachment to certain planning permissions of conditions restricting office floor space, where the permission can be granted without an office development permit) shall not apply to a planning permission granted after the commencement of this section for the erection of a building on any land, unless it is in an area to which Part I of that Act applied at the time when the application for the planning permission was made.

• (2) Section 7 of the Act of 1965 shall not apply to a planning permission granted after the said commencement for the erection of a building with a floor space less than twice the prescribed exemption limit; nor shall it apply to a planning permission so granted for the erection of a building (of whatever floor space) which is wholly residential.

• (3) Section 7 of the Act of 1965 shall not apply to a planning permission which is subject to conditions by virtue of section 23(5) or (6) of the Industrial Development Act 1966 (attachment to planning permission of conditions subject to which an industrial development certificate was issued by the Board of Trade) and those conditions either restrict the office floor space which the building may contain or preclude it from containing any office floor space.

Restriction on creation of office premises in building altered or extended.

85

• (1) The provisions of this section shall, subject to subsection (4) below, have effect with respect to a planning permission granted after the commencement of this section for the alteration or extension of a building in an area to which Part I of the Act of 1965 applies at the time of the grant and also applied when the application for planning permission was made, but shall have effect only in the case of a building erected under a planning permission granted after the said commencement.

• (2) If the case is the following, that is to say:—

• (a) either the erection of the building was not development to which Part I of the Act of 1965 applied or it was so but no office development permit was required therefor; and

• (b) either the proposed alteration or extension is not development to which the said Part I applies or it is so but no office development permit is required therefor ; and

• (c) there will result from the proposed alteration or extension a building with an aggregate floor space of twice, or more than twice, the prescribed exemption limit,

the planning permission for the alteration or extension shall be granted subject to the condition specified in subsection (3) of this section (in addition to any other conditions imposed by the authority granting the permission).

• (3) The said condition is that the use of the building as altered or extended, or as subsequently further altered or extended, shall be restricted so that (whether in consquence of a change of use or otherwise) it does not at any time contain office premises having an aggregate office floor space which exceeds the prescribed exemption limit.

• (4) In the following two cases this section shall not apply:—

• (a) where the planning permission is in respect of a building which, after its alteration or extension, will be wholly residential; and

• (b) where the planning permission is subject to conditions by virtue of section 23(5) or (6) of the Industrial Development Act 1966 and those conditions either restrict the office floor space which the building as extended or altered may contain or preclude it from containing any office floor space.

Corresponding restriction on planning permission for erection of several buildings.

86

• (1) The provisions of this section shall have effect with respect to a planning permission granted after the commencement of this section for development involving the erection of two or more buildings in an area to which Part I of the Act of 1965 applies at the time of the grant and also applied when the application for planning permission was made, except in a case where all the buildings are exempt from this section.

• (2) Any one of the said buildings shall be exempt from this section if—

• (a) it is wholly residential; or

• (b) the planning permission is subject to conditions by virtue of section 23(5) or (6) of the Industrial Development Act 1966 and those conditions either restrict the office floor space which the building may contain or preclude it from containing any office floor space.

• (3) If the aggregate floor space of the buildings proposed to be erected (leaving out of account any which are exempt from this section) is twice, or more than twice, the prescribed exemption limit and either the erection of the buildings is not development to which Part I of the Act of 1965 applies or it is so, but no office development permit is required therefor, the planning permission shall be granted subject to the condition specified in subsection (4) below (in addition to any other conditions imposed by the authority granting the permission).

• (4) The said condition is that the use of each one of the buildings (excluding any which are exempt from this section) shall be restricted so that (whether in consequence of a change of use or otherwise) it does not at any time contain office premises having an aggregate floor space which exceeds the limit for that building specified in the condition, which limit shall (subject to subsection (5) below) be a floor space bearing such proportion to the building's total floor space as the prescribed exemption limit bears to the aggregate floor space of all the buildings (excluding any which are exempt from this section) for whose erection the planning permission is granted.

• (5) The authority granting the planning permission may in doing so specify in the said condition, as it applies to any building, a limit different from the one provided by subsection (4) above, but not so that the total of the limits for all the buildings to which the condition applies exceeds the prescribed exemption limit.

• (6) If after the grant of-the planning permission a further application for planning permission is made in respect of all or any of the buildings to which the condition specified in subsection (4) of this section applies, and the further application involves a departure from the terms of the said condition as applying to any building, the application shall be subject to section 1(3) of the Act of 1965 (requirement of office development permit) notwithstanding any provision of that Act exempting development from the requirements of that section in particular cases.

Provisions supplementary to ss. 83 to 86.

87

• (1) A planning permission with respect to which section 85 or 86 above has effect shall not be invalid by reason only that the requirements of section 85(2) or 86(3), as the case may be, are not complied with; but in that case the planning permission shall be deemed to have been granted subject to the condition specified in section 85(3) or 86(4), as the case may be, or (if any other conditions are imposed by the authority granting the permission) to have been granted subject to the condition so specified in addition to the other conditions ; and references in those sections to a condition imposed thereunder shall be construed accordingly as including references to a condition deemed to be imposed.

• (2) In sections 83 to 86 of this Act—

• (a) " industrial building " has the meaning given to it by section 21 of the Local Employment Act 1960, as amended by section 25 of the Industrial Development Act 1966;

• (b) " office development permit ", " office premises " and " office floor space " have the same meanings as they have for the purposes of the Act of 1965 ;

• (c) " the prescribed exemption limit ", in relation to a planning permission, has the meaning given to it by section 7(5) of the Act of 1965 in relation to planning permission granted as mentioned in subsection (1)(b) of that section (restrictions on office development to be attached to planning permission not requiring office development permit); and

• (d) " wholly residential " in relation to a building, means for use exclusively as a dwelling-house or comprising only units of accommodation for such use.

Transfer of Minister's functions in relation to Location of Offices Bureau.

88

• (1) The functions of the Minister under the Location of Offices Bureau Order 1963 (which was made under powers conferred by section 8 of the Minister of Town and Country Planning Act 1943 to set up commissions to assist the Minister in the exercise of his functions in relation to the use and development of land) are hereby transferred to the Board of Trade.

• (2) The Location of Offices Bureau shall, in discharging its functions, comply with such directions of a general character as may be given by the Board of Trade.

• (3) In the said Order of 1963—

• (a) Article 2(1) shall not have effect except so far as it provides for the Bureau to be a body corporate having perpetual succession and a common seal;

• (b) Article 3(2) (duty to comply with the directions of the Minister) shall cease to have effect; and

• (c) for references to the Minister there shall be substituted references to the Board of Trade ;

and the power conferred by section 10 of the Minister of Town and Country Planning Act 1943 to vary or revoke an Order in Council made under the Act shall, as respects the said Order of 1963, be exercisable as if references in section 8 of the Act to the purpose of assisting the Minister in the exercise of his functions in relation to the use and development of land in England and Wales were references to that of assisting the Board of Trade in connection with their functions under the Act of 1965, and other references in that section to the Minister were references to the Board.

• (4) This section shall not affect the validity of anything done by or in relation to the Minister before the coming into force of this section ; and—

• (a) anything which at the commencement of this section is in process of being done by or in relation to the Minister for the purposes of the said Order of 1963 may be continued by or in relation to the Board of Trade;

• (b) any appointment made, direction given or other thing done by the Minister under or for the purposes of that Order shall, if in force at the commencement of this section, continue in force and have effect as if similarly made, given or done by the Board.

Stopping-up and diversion of highways

Transfer of Ministerial functions as to stopping-up etc. of footpaths and bridleways.

89

• (1) Section 153 of the principal Act (power of Minister of Transport to make orders authorising the stopping-up or diversion of highways in order to enable development to be carried out) shall be amended in accordance with this section.

• (2) The power conferred on the Minister of Transport by section 153(1) of the principal Act to make an order authorising the stopping-up or diversion of a highway, where he is satisfied that it is necessary to do so in order to enable development to be carried out as mentioned in that subsection, shall, in the case of a footpath or bridleway, be exercisable also by the Minister of Housing and Local Government where that Minister is so satisfied; and the Minister of Transport shall not make an order under that subsection in the case of a footpath or bridleway unless, at the time when he first publishes notice of the order in accordance with section 154(1) of the principal Act, it appears to him to be necessary for the said purpose also to authorise the stopping-up or diversion of some other highway, not being a footpath or bridleway.

• (3) Subsection (2) of the said section 153 shall not apply to an order made thereunder by the Minister of Housing and Local Government; but an order so made may make such provision as appears to the Minister to be necessary or expedient for the creation of an alternative highway for use as a replacement for the one authorised by the order to be stopped-up or diverted, or for the improvement of an existing highway for such use.

• (4) In relation to an order made by the Minister of Housing and Local Government under section 153 of the principal Act, subsection (3) of that section and section 154 of the Act (procedure and publicity for orders under section 153) shall apply with the substitution of references to that Minister for references to the Minister of Transport; and in subsections (4) and (5) of section 153 references to the latter shall be construed as including references to the former.

• (5) In section 32 of the Mineral Workings Act 1951 (power of Minister of Transport to make temporary stopping-up or diversion order in connection with surface working of minerals),—

• (a) in subsection (1), after the words " Minister of Transport " there shall be inserted the words " or the Minister of Housing and Local Government "; and

• (b) in subsection (2), after the words " Minister of Transport " there shall be inserted the words " or the Minister of Housing and Local Government, as the case may be ".

• (6) In this Act, " footpath " and " bridleway " have the same meanings as in the Highways Act 1959.

• (7) Nothing in this section applies to or affects an order made by the Minister of Transport before the commencement of this section, or an order with respect to which he has, before that commencement, published in the London Gazette the notice required by section 154(1) of the principal Act.

• (8) This section shall not apply to Wales.

Procedure for making orders for stopping-up and diverting highways.

90

• (1) Where the responsible Minister would, if planning permission for any development had been granted under Part III of the principal Act, have power to make an order under section 153(1) of that Act authorising the stopping-up or diversion of a highway in order to enable that development to be carried out, then, notwithstanding that such permission has not been granted, that Minister may, in the circumstances specified in subsections (2) to (4) below, publish notice of the draft of such an order in accordance with section 154 of that Act (procedure in relation to orders under section 153).

• (2) The responsible Minister may publish such a notice as aforesaid where the relevant development is the subject of an application for planning permission and either—

• (a) that application is made by a local authority or statutory undertakers or the National Coal Board; or

• (b) that application stands referred to the Minister of Housing and Local Government or the Secretary of State in pursuance of a direction under section 22 of the principal Act; or

• (c) the applicant has appealed to the Minister of Housing and Local Government or the Secretary of State under section 23 of that Act against a refusal of planning permission or of approval required under a development order, or against a condition of any such permission or approval.

• (3) The responsible Minister may publish such a notice as aforesaid where—

• (a) the relevant development is to be carried out by a local authority, statutory undertakers or the National Coal Board and requires, by virtue of an enactment, the authorisation of a government department; and

• (b) the developers have made application to the department for that authorisation and also requested a direction under section 41 of the principal Act or, in the case of the National Coal Board, under section 2 of the Opencast Coal Act 1958, that planning permission be deemed to be granted for that development.

• (4) The responsible Minister may publish such a notice as aforesaid where the council of a county or county borough, the Greater London Council, the council of a London borough, a joint planning board, or the Inner London Education Authority certify that they have begun to take such steps, in accordance with regulations made by virtue of section 42 of the principal Act (application of planning control to local planning authorities), as are requisite in order to enable them to obtain planning permission for the relevant development.

• (5) Section 154(4) of that Act (power of responsible Minister to make an order under section 153 after considering any relevant objections and report) shall not be construed as authorising the responsible Minister to make an order under section 153(1) of that Act of which notice has been published by virtue of subsection (1) above until planning permission is granted for the development which occasions the making of the order.

• (6) In this section " the responsible Minister " means, except in relation to Wales,—

• (a) in relation to an order authorising the stopping-up or diversion of a footpath or bridleway only, the Minister of Housing and Local Government; and

• (b) otherwise the Minister of Transport;

and, in relation to Wales, means the Secretary of State.

New powers to authorise stopping-up and diversion of highways.

91

• (1) If planning permission is granted under Part III of the principal Act for constructing or improving, or the responsible Minister proposes to construct or improve, a highway (hereafter in this section referred to as " the main highway "), that Minister may by order authorise the stopping-up or diversion of any other highway which crosses or enters the route of the main highway or which is, or will be, otherwise affected by the construction or improvement of the main highway, if it appears to that Minister expedient to do so—

• (a) in the interests of the safety of users of the main highway ; or

• (b) to facilitate the movement of traffic on the main highway.

• (2) In this section, " the responsible Minister " means, except in relation to Wales, the Minister of Transport and, in relation to Wales, the Secretary of State.

• (3) Sections 153(2) to (5), 154, 156, 157 and 158 of the principal Act (ancillary provisions, provisions as to compulsory acquisition of land in connection with highways and provisions as to telegraphic lines) and section 90 above shall apply in relation to an order under this section as they apply in relation to an order made by the Minister of Transport under section 153(1) of that Act with the substitution in the said sections of the principal Act for references to that Minister and the said section 153(1) of references to the responsible Minister (as defined by subsection (2) above) and this section.

• (4) In section 32(3) of the Mineral Workings Act 1951 (rights of statutory undertakers in respect of their apparatus where order made under section 153 of principal Act), after the reference to the said section 153 there shall be inserted an alternative reference to this section.

Conversion of highway into footpath or bridleway.

92

• (1) The provisions of this section shall have effect where a local planning authority by resolution adopt a proposal for improving the amenity of part of their area, being a proposal which involves a highway in that area (being a highway over which the public have a right of way with vehicles, but not a trunk road or a road classified as a principal road for the purposes of advances under section 235 of the Highways Act 1959) being changed to a footpath or bridleway.

• (2) The responsible Minister may, on an application made by the local planning authority after consultation with the highway authority (if different), by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.

• (3) An order made under subsection (2) of this section may include such provision as the responsible Minister (after consultation with the highway authority) thinks fit for permitting the use on the highway of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection; and any such provision may be framed by reference to particular descriptions of vehicles, or to particular persons by whom, or on whose authority, vehicles may be used, or to the circumstances in which, or the times at which, vehicles may be used for particular purposes.

• (4) No statutory provision prohibiting or restricting the use of footpaths, footways or bridleways shall affect any use of a vehicle on a highway in relation to which an order made under subsection (2) above has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3) above.

• (5) Any person who, at the time of an order under subsection (2) of this section coming into force, has an interest in land having lawful access to a highway to which the order relates shall be entitled to be compensated by the local planning authority in respect of any depreciation in the value of his interest which is directly attributable to the order and of any other loss or damage which is so attributable.

In this subsection " lawful access " means access authorised by planning permission granted under the principal Act or the Town and Country Planning Act 1947, or access in respect of which no such permission is necessary.

• (6) A claim for compensation under subsection (5) above shall be made to the local planning authority within the time and in the manner prescribed by regulations under the principal Act.

• (7) Sections 153(2), (3) and (5), 154, 156, 157 and 158 of the principal Act (provisions ancillary to section 153(1), provisions as to compulsory acquisition of land in connection with highways, and provisions as to telegraphic lines) shall apply in relation to an order under this section, as they apply in relation to an order under section 153(1) of that Act, with the substitution for references to the Minister of Transport and that section of references to the responsible Minister and this section.

• (8) The responsible Minister may, on an application made by the local planning authority after consultation with the highway authority (if different) by order revoke an order made by him in relation to a highway under subsection (2) above ; and the effect of the order shall be to reinstate any right to use vehicles on the highway, being a right which was extinguished by virtue of the order under the said subsection.

• (9) Subsection (8) above shall not be taken as prejudicing any provision of the principal Act enabling orders to be varied or revoked.

• (10) In this section—

• (a) " the responsible Minister " means, except in relation to Wales, the Minister of Transport and, in relation to Wales, the Secretary of State ; and

• (b) " statutory provision " means a provision contained in, or having effect under, any enactment.

Provision of amenity for highway reserved to pedestrians.

93

• (1) Where in relation to a highway an order has been made under subsection (2) of section 92 of this Act, a competent authority may carry out and maintain any such works on or in the highway, or place on or in it any such objects or structures, as appear to them to be expedient for the purposes of giving effect to the order or of enhancing the amenity of the highway and its immediate surroundings or to be otherwise desirable for a purpose beneficial to the public.

• (2) The powers exercisable by a competent authority under this section shall extend to laying out any part of the highway with lawns, trees, shrubs and flower-beds and to providing facilities for recreation or refreshment.

• (3) A competent authority may so exercise their powers under this section as to restrict the access of the public to any part of the highway, but shall not so exercise them as—

• (a) to prevent persons from entering the highway at any place where they could enter it before the order under section 92 was made ; or

• (b) to prevent the passage of the public along the highway; or

• (c) to prevent normal access by pedestrians to premises adjoining the highway ; or

• (d) to prevent any use of vehicles which is permitted by an order made under the said section 92 and applying to the highway; or

• (e) to prevent statutory undertakers from having access to any works of theirs under, in, on, over, along or across the highway.

• (4) An order under subsection (8) of the said section 92 may make provision requiring the removal of any obstruction of the highway resulting from the exercise by a competent authority of their powers under this section.

• (5) The competent authorities for the purposes of this section are—

• (a) the councils of counties, county boroughs and county districts; and

• (b) in Greater London, the Greater London Council and the councils of London boroughs ;

but such an authority shall not exercise any powers conferred by this section unless they have obtained the consent of the local planning authority and the highway authority (in a case where they are themselves not that authority).

Powers for local authorities analogous to s.153 of principal Act.

94

• (1) Subject to section 96 below, a competent authority may by order authorise the stopping-up or diversion of any footpath or bridleway if they are satisfied that it is necessary to do so in order to enable development to be carried out—

• (a) in accordance with planning permission granted under Part III of the principal Act or the enactments replaced by that Part of the Act; or

• (b) by a government department.

• (2) The competent authorities for the purposes of this section are—

• (a) the local planning authority ; and

• (b) in relation to development for which planning permission was granted by another authority to whom had been delegated the power of granting it, that other authority.

• (3) An order under this section may, if the competent authority are satisfied that it should do so, provide—

• (a) for the creation of an alternative highway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing highway for such use;

• (b) for authorising or requiring works to be carried out in relation to any footpath or bridleway for whose stopping-up or diversion, creation or improvement, provision is made by the order ;

• (c) for the preservation of any rights of statutory undertakers in respect of apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath or bridleway ;

• (d) for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.

• (4) The powers of a competent authority under this section shall include power to make an order authorising the stopping-up or diversion of a footpath or bridleway which is temporarily stopped up or diverted under any other enactment.

• (5) Section 32(1) and (2) of the Mineral Workings Act 1951 (power of Ministers to make temporary order for stopping-up or diversion of highway in connection with working of surface minerals) shall apply to an order made by a competent authority under this section as it applies to an order made by a Minister under section 153 of the principal Act, with the substitution—

• (a) for references to Ministers, of references to a competent authority for the purposes of this section; and

• (b) for the reference in subsection (2) to section 153(3) of the principal Act, of a reference to subsection (3) of this section.

Extinguishment of footpaths etc. over land held for planning purposes.

95

• (1) Subject to section 96 below, where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, the authority may by order extinguish any public right of way over the land, being a footpath or bridleway, if they are satisfied that an alternative right of way has been or will be provided, or that the provision of an alternative right of way is not required.

• (2) Any reference in subsection (1) above to the acquisition of land for planning purposes is a reference to the acquisition thereof under section 68 or 71 of the principal Act or section 28 of this Act; and any reference to the appropriation of land for planning purposes is a reference to the appropriation thereof for purposes for which land can, or could have been, acquired under those sections.

Confirmation, validity, etc. of orders under ss.94 and 95.

96

• (1) An order under section 94 or 95 of this Act shall not take effect unless confirmed by the Minister, or unless confirmed, as an unopposed order, by the authority who made it.

• (2) The Minister shall not confirm any such order unless satisfied as to every matter of which the authority making the order are required under section 94 or 95 (as the case may be) to be satisfied.

• (3) The time specified—

• (a) in an order under section 94 above as the time from which a footpath or bridleway is to be stopped up or diverted; or

• (b) in an order under section 95 above as the time from which a right of way is to be extinguished,

shall not be earlier than confirmation of the order.

• (4) Schedule 7 to this Act shall have effect with respect to the confirmation of orders under section 94 or 95 of this Act and the publicity for such orders after they are confirmed.

Miscellaneous amendments of Part IX of principal Act.

97

• (1) It is hereby declared for the avoidance of doubt that the incidental and consequential provisions which may be included in an order under section 153 of the principal Act or section 91 or 92 above by virtue of section 153(3) of that Act shall include provisions providing for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.

• (2) In section 154(1)(b) and (3) of the principal Act (periods for inspecting and objecting to a draft order under section 153) for the words " three months " there shall be substituted the words " twenty-eight days ".

• (3) 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 caused to be held by any Minister of the Crown under the said section 154(3) as they apply in relation to an inquiry caused to be held by a department under subsection (1) of the said section 290, with the substitution for the references to a department of references to that Minister.

Exchequer and Treasury matters

Grants for research, etc.

98

The Minister may, with the consent of the Treasury, make grants for assisting establishments engaged in promoting or assisting research relating to, and education with respect to, the planning and design of the physical environment.

Exchequer contributions in connection with town development.

99

In section 2(2) of the Town Development Act 1952 (Exchequer contributions towards specified expenses incurred by the council of a county district in connection with town development), after paragraph (c) there shall be inserted the following paragraph:—

(cc) expenses of providing buildings and other works for social, cultural or recreational purposes

.

Agreements of Crown Estate Commissioners.

100

An agreement made by the Crown Estate Commissioners under section 200 of the principal Act (whereby a government department may agree with local planning authorities to secure the use of Crown land in conformity with the development plan) shall not require the approval of the Treasury; and accordingly in subsection (2) of that section the words " the Crown Estate Commissioners or by " shall cease to have effect.

Punishment of offences

Increase of certain penalties under principal Act.

101

In the sections of the principal Act specified in Schedule 8 to this Act the amendments shown in that Schedule shall be made (being amendments to increase the penalties to which persons may be subject under those sections and in certain cases to provide for punishment on indictment as well as summarily).

Offences by corporations.

102

• (1) Where an offence under the principal Act or this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

• (2) In subsection (1) above the expression " director ", in relation to any body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

PART VII — General

Expenses.

103

There shall be defrayed out of moneys provided by Parliament—

• (a) any sums required for the payment of grants under section 98 above;

• (b) any other expenses of a Minister under this Act; and

• (c) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

Interpretation.

104

• (1) In this Act, except so far as the context otherwise requires,—

• " the Act of 1946 " means the Acquisition of Land (Authorisation Procedure) Act 1946 ;

• " the Greater London development plan " means the development plan submitted to the Minister under section 25 of the London Government Act 1963 and approved by him under section 5 of the principal Act;

• " the Minister " means, except as respects Wales, the Minister of Housing and Local Government and as respects Wales the Secretary of State ;

• " prescribed " means prescribed by regulations made by the Minister of Housing and Local Government under this Act;

• " the principal Act " means the Town and Country Planning Act 1962;

• " Wales " includes Monmouthshire.

• (2) References in this Act to a London borough and a London borough council include references respectively to the City of London and the Common Council of the City.

• (3) This Act and the principal Act shall have effect as if this Act were part of that Act.

• (4) Notwithstanding anything in subsection (3) above references to the principal Act in Schedule 14 to that Act shall not be construed as including references to this Act.

• (5) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

Commencement.

105

• (1) This Act shall come into operation on a day appointed by an order made by statutory instrument by the Minister, and different days may be appointed under this section for different purposes and, in particular, different days may be so appointed for the coming into operation of the same provision in different areas.

• (2) Any reference in this Act to the commencement of any provision thereof shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area, be construed as a reference to the day appointed for the coming into operation of that provision in that area.

• (3) An order under this section may make such transitional provision as appears to the Minister to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptation of those provisions or any provision of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

• (4) The Minister of Housing and Local Government shall, for England, and the Secretary of State shall, for Wales, each maintain and keep up to date a register showing the effect of orders made under this section in such a way as enables members of the public to inform themselves—

• (a) as to the provisions of this Act which have come, or are to be brought, into operation, and on which dates and in relation to which areas ; and

• (b) as to whether, in the case of a particular area, any transitional provision has been made by such an order.

• (5) The register maintained by the Minister of Housing and Local Government under this section shall be kept at his principal offices in London, and the register so maintained by the Secretary of State shall be kept at his principal offices in Cardiff ; and both registers shall be available for inspection by the public at all reasonable hours.

Adaptation, amendment and modification of enactments.

106

Schedule 9 to this Act shall have effect for adapting and interpreting Acts other than this Act and for making amendments and modifications to such Acts, being minor amendments and amendments consequential on the foregoing provisions of this Act.

Transitional provisions and savings.

107

Schedule 10 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of those provisions and with respect to the application of this Act to things done before the commencement of those provisions.

Repeals.

108

The enactments specified in Schedule 11 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, citation and extent.

109

• (1) This Act may be cited as the Town and Country Planning Act 1968.

• (2) The Town and Country Planning Acts 1962 to 1966 and this Act may be cited as the Town and Country Planning Acts 1962 to 1968.

• (3) This Act—

• (a) except so far as it amends the House of Commons Disqualification Act 1957, section 24(9) of the Industrial Development Act 1966 and section 8(3) of the Civic Amenities Act 1967, shall not extend to Scotland ; and

• (b) except so far as it amends the said Act of 1957, shall not extend to Northern Ireland.

SCHEDULE 1

Survey of planning areas

1

The matters to be examined and kept under review under section 1 of this Act by the Greater London Council shall be such of the matters mentioned in that section as they think fit, or, in the case of a fresh survey under section 1(2) of this Act instituted in pursuance of a direction of the Minister, such matters as may be specified in the direction.

2

The matters to be so examined or kept under review by a London borough council shall be such of the matters mentioned in the said section 1 as have not been examined or kept under review by the Greater London Council, such other matters as they may be required by the Greater London Council to examine or keep under review or, in the case of a fresh survey under the said section 1(2) instituted in pursuance of a direction of the Minister, such matters as may be specified in the direction.

3

Any survey by a London borough council under section 1 of this Act shall be carried out on such lines as the Greater London Council may direct.

Structure plans

4

The Greater London development plan shall be treated for the purposes of this Act as a structure plan for Greater London approved under section 4 of this Act and may be altered under section 5 of this Act accordingly ; and the Minister may direct that any area or part of an area indicated by the plan (as originally approved under section 5 of the principal Act) as an area intended for comprehensive development, redevelopment or improvement as a whole shall be treated for those purposes as an action area.

5

The structure plan required by section 2 of this Act to be prepared for any area by a London borough council shall include a restatement of so much of the provisions of the Greater London development plan, with any alterations and additions consistent with the latter plan which appear to them to be necessary or expedient, as is applicable to that area.

6

A London borough council shall send any report and structure plan prepared by them under the said section 2 to the Greater London Council for submission to the Minister, and the Greater London Council shall send them on to the Minister within such period as he may allow, with any observations of theirs thereon.

7

The information on which a London borough council's policy and general proposals formulated under section 2(3) of this Act are based shall include any information which the council obtain in pursuance of a direction of the Greater London Council.

8

The inclusion in the Greater London development plan of an area wholly or partly within a London borough which is to be treated as an action area shall not preclude a London borough council from selecting any other part of the borough as an action area.

9

Before giving a direction to a London borough council under section 2(4) of this Act the Minister shall consult the Greater London Council and the London borough council with respect to the proposed direction.

Alterations to structure plans

10

A direction under section 5(1) of this Act to a London borough council may, instead of being given by the Minister, be given by the Greater London Council with the approval of the Minister.

11

Before giving such a direction the Minister or Greater London Council, as the case may be, shall consult the council to whom the direction is proposed to be given.

12

The report required by section 5 of this Act to be sent by a London borough council with the proposals submitted by them under that section shall include a report of any review by the Greater London Council of the relevant matters on which the proposals are based.

13

Paragraphs 5, 6 and 7 of this Schedule shall apply with any necessary modifications in relation to proposals for the amendment of any structure plan for the whole or part of a London borough as they apply in relation to the plan to be amended.

Local plans

14

Notwithstanding anything in section 24 of the London Government Act 1963 (local planning authorities for Greater London) the Greater London Council shall not under section 6 of this Act prepare a local plan for any part of Greater London other than a plan for an action area, but the foregoing provision shall not be construed as precluding them from preparing a local plan for any area by virtue of section 12 of this Act.

15

The council of a London borough any part of which is indicated by the Greater London development plan as an action area or is to be treated as an action area shall, if it falls to them and not to the Greater London Council to prepare a local plan for that area, prepare such a plan as soon as practicable after the approval of the Greater London development plan, notwithstanding that the council of that borough have not prepared a structure plan for that area.

16

References in section 6(6) and (9) of this Act to a structure plan shall, in relation to a local plan prepared for an action area or for an area which is to be treated as an action area by a London borough council, be construed as including references to the Greater London development plan.

17

The duty of the Minister under section 6(10) of this Act to consult a local planning authority with respect to a direction which he proposes to give them shall, where the authority is a London borough council, include a duty to consult the Greater London Council with respect to the direction.

18

On sending a copy of a local plan to the Minister under section 7(2) of this Act a London borough council shall also send a copy of the plan to the Greater London Council.

19

Section 10(3) of this Act shall, in its application to proposals made by a London borough council for the alteration of a local plan, have effect as if the reference to a provision of section 6 or 7 of this Act were a reference to that provision as modified by paragraphs 16 to 18 above.

SCHEDULE 2

Application for certificate and appeal against refusal thereof

1

An application for an established use certificate shall be made in such manner as may be prescribed by a development order, and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given thereunder, or by the local planning authority or, in the case of an application referred to the Minister, by him.

2

Provision may be made by a development order for regulating the manner in which applications for established use certificates are to be dealt with by local planning authorities, and, in particular,—

• (a) for requiring the authority to give to any applicant for such a certificate, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with ;

• (b) for requiring the authority to give to the Minister and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for such certificates made to the authority, including information as to the manner in which any such application has been dealt with.

3

• (1) A development order may provide that an application for an established use certificate, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in such form as may be prescribed by the order and corresponding to one or other of those described in paragraphs (a) to (d) of section 16(1) of the principal Act (requirement of certificate that the applicant is the owner of the land or has given notice to the owners of his intended application, or has tried to do so) ; and any such order may—

• (a) include requirements corresponding to section 16(2) and (3) (contents of certificate), section 16(4) (planning authority not to determine application for a certain period) and section 17(3) (duty of planning authority and Minister on appeal to take into account representations by owners, tenants, etc.) of the principal Act; and

• (b) make provision as to who, in the case of any land, is to be treated as the owner for the purposes of any provision of the order made by virtue of this sub-paragraph.

• (2) If any person issues a certificate which purports to comply with any provision of a development order made by virtue of sub-paragraph (1) above and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

Provisions with respect to grant of certificate

4

An established use certificate shall be in such form as may be prescribed by a development order and shall specify—

• (a) the land to which the certificate relates and any use thereof which is certified by the certificate as established ;

• (b) by reference to the paragraphs of section 17(1) of this Act, the grounds on which that use is so certified ; and

• (c) the date on which the application for the certificate was made, which shall be the date at which the use is certified as established.

5

Where the Minister grants an established use certificate, he shall give notice to the local planning authority of that fact.

6

In section 19(4) of the principal Act (register of decisions on planning applications) references to applications for planning permission shall include references to applications for established use certificates ; and the information which may be prescribed as being required to be contained in a register kept under that subsection shall include information with respect to established use certificates granted by the Minister.

SCHEDULE 3

Execution of general vesting declarations

1

Where a compulsory purchase order authorising an acquiring authority to acquire any land has come into operation, the authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form (in this Schedule referred to as " a general vesting declaration ") vesting the land in themselves as from the end of such period as may be specified in the declaration (not being less than twenty-eight days) from the date on which the service of notices required by paragraph 4 below is completed.

2

• (1) Before making a general vesting declaration with respect to any land which is subject to a compulsory purchase order, the acquiring authority shall include in the notice of the making or confirmation of the order which is required to be published or served by paragraph 6 of Schedule 1 to the Act of 1946 or any other provision of the relevant enactments corresponding to that paragraph, or in a notice given subsequently and before the service of the notice to treat in respect of that land,—

• (a) such a statement of the effect of paragraphs 1 to 8 of this Schedule as may be prescribed ; and

• (b) a notification to the effect that every person who, if a general vesting declaration were made in respect of all the land comprised in the order in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of any such land is invited to give information to the authority making the declaration in the prescribed form with respect to his name and address and the land in question.

• (2) The requirements of the relevant enactments with respect to the publication and service of a notice of the making or confirmation of a compulsory purchase order shall apply to a notice under this paragraph given subsequently to the first-mentioned notice.

• (3) A notice complying with sub-paragraph (1) above with respect to any land shall be registered in the register of local land charges by the proper officer of the local authority for the area in which that land, or any part of that land, is situated.

3

A general vesting declaration shall not be executed before the end of the period of two months beginning with the date of the first publication of the notice complying with paragraph 2(1) above, or such longer period, if any, as may be specified in the notice:

4

As soon as may be after executing a general vesting declaration, the acquiring authority shall serve—

• (a) on every occupier of any of the land specified in the declaration (other than land in which there subsists a minor tenancy or a long tenancy which is about to expire) ; and

• (b) on every other person who has given information to the authority with respect to any of that land in pursuance of the invitation published and served under paragraph 2(1) above,

a notice in the prescribed form specifying the land and stating the effect of the declaration.

5

For the purposes of this Schedule, a certificate by the acquiring authority that the service of notices required by paragraph 4 above was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.

Effect of general vesting declaration

6

At the end of the period specified in a general vesting declaration, the provisions of the Land Compensation Act 1961 (as modified by Schedule 2 to the Act of 1946) and of the Compulsory Purchase Act 1965 shall apply as if, on the date on which the declaration was made, a notice to treat had been served on every person on whom, under section 5 of the last-mentioned Act (on the assumption that they required to take the whole of the land specified in the declaration and had knowledge of all the parties referred to in that section) the acquiring authority could have served such a notice, other than—

• (a) any person entitled to an interest in the land in respect of which such a notice had actually been served before the end of that period ; and

• (b) any person entitled to a minor tenancy or a long tenancy which is about to expire.

7

At the end of the period specified in a general vesting declaration, the land specified in the declaration, together with the right to enter upon and take possession of it, shall vest in the acquiring authority as if the circumstances in which under Part I of the Compulsory Purchase Act 1965 an authority authorised to purchase land compulsorily have any power to execute a deed poll (whether for vesting land or any interest in land in themselves or for extinguishing the whole or part of any rent-service, rentcharge, chief or other rent, or other payment or incumbrance) had arisen in respect of all the land and all interests therein, and the acquiring authority had duly exercised that power accordingly at the end of that period.

8

Where any land specified in a general vesting declaration is land in which there subsists a minor tenancy or a long tenancy which is about to expire—

• (a) the right of entry conferred by paragraph 7 above shall not be exercisable in respect of that land unless, after serving a notice to treat in respect of that tenancy, the acquiring authority have served upon every occupier of any of the land in which the tenancy subsists a notice stating that, at the end of such period as is specified in the notice (not being less than fourteen days) from the date on which the notice is served, they intend to enter upon and take possession of such land as is specified in the notice, and that period has expired ; and

• (b) the vesting of the land in the acquiring authority shall be subject to the tenancy until that period expires, or the tenancy comes to an end, whichever first occurs.

9

• (1) Subject to the following sub-paragraph, the supplementary provisions contained in Schedule 3 to the Land Commission Act 1967 (being provisions as to exclusion of power of entry, objections to severance, compensation and other miscellaneous matters arising on the making of a general vesting declaration under Part II of that Act) shall have effect for the purposes of paragraphs 6 to 8 above as they have effect for the purposes of section 10 of that Act.

• (2) For the purpose of applying the said Schedule 3 to paragraphs 6 and 8 above, the following substitution of references shall be made therein—

Original reference in Land Commission Act 1967, Schedule 3	Substituted references for purposes of this Schedule
The Land Commission	An acquiring authority
The Land Commission Act 1967	This Act
The Land Commission Act 1967—
Section 9(3)	Paragraph 4 of this Schedule
Section 10	Paragraphs 6 to 8 of this Schedule
Section 10(2)	Paragraph 7 of this Schedule.

• (3) In the said Schedule 3 as so applied, " land " shall have the same meaning as in this Schedule.

Recovery of compensation overpaid

10

The provisions of paragraphs 11 to 15 below shall have effect where, after the acquiring authority have made a general vesting declaration in respect of any land, a person claims compensation in respect of the acquisition by the authority of an interest in any land by virtue of the declaration, and the authority pay compensation in respect of that interest.

11

If, in a case falling within paragraph 10 above, it is subsequently shown—

• (a) that the land, or the claimant's interest in it, was subject to an incumbrance which was not disclosed in the particulars of his claim ; and

• (b) that by reason of that incumbrance the compensation paid exceeded the compensation to which the claimant was entitled in respect of that interest,

the acquiring authority may recover the amount of the excess from the claimant.

12

If, in a case falling within paragraph 10 above, it is subsequently shown that the claimant was not entitled to the interest in question, either in the whole or in part of the land to which the claim related, the acquiring authority may recover from him an amount equal to the compensation paid, or to so much of that compensation as, on a proper apportionment thereof, is attributable to that part of the land, as the case may be.

13

Any question arising under paragraph 11 or 12 above—

• (a) as to the amount of the compensation to which the claimant was entitled in respect of an interest in land ; or

• (b) as to the apportionment of any compensation paid,

shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such question, the provisions of section 2 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications.

14

Subject to paragraph 13 above, any amount recoverable by the acquiring authority under paragraph 11 or 12 above shall be recoverable as a simple contract debt in any court of competent jurisdiction.

15

Any sum recovered under paragraph 11 or 12 above in respect of land by an acquiring authority who are a local authority shall be applied towards the repayment of any debt incurred in acquiring or redeveloping that land or if no debt was so incurred shall be paid into the account into which sums incurred in the acquisition of that land were paid.

Supplemental

16

• (1) In this Schedule " minor tenancy " means a tenancy for a year or from year to year or any lesser interest, and " long tenancy which is about to expire ", in relation to a general vesting declaration, means a tenancy granted for an interest greater than a minor tenancy, but having at the date of the declaration a period still to run which is not more than the specified period (that is to say, such period, longer than one year, as may for the purposes of this paragraph be specified in the declaration in relation to the land in which the tenancy subsists).

• (2) In determining for the purposes of this paragraph what period a tenancy still has to run at the date of a general vesting declaration it shall be assumed—

• (a) that the tenant will exercise any option to renew the tenancy, and will not exercise any option to terminate the tenancy, then or thereafter available to him, and

• (b) that the landlord will exercise any option to terminate the tenancy then or thereafter available to him.

17

In this Schedule—

• " relevant enactments ", in relation to an acquiring authority, means the enactments under which that authority may acquire or be authorised to acquire land compulsorily and which prescribe a procedure for effecting the compulsory acquisition of land by them by means of a compulsory purchase order;

• " land ", in relation to compulsory acquisition by an acquiring authority, has the same meaning as in the relevant enactments.

SCHEDULE 4

Section 138

In subsection (1),—

For subsection (5) there shall be substituted the following subsections:—

Section 139

In subsection (3)—

In subsection (4), for the words " a notice served under this section " there shall be substituted the words " a blight notice ".

Section 140

In subsection (1), for the words " Where a notice has been served under the last preceding section " there shall be substituted the words " Where a blight notice has been served ".

For subsection (3) there shall be substituted the following subsection—

Section 141

In subsection (1), for the words " notice served under section one hundred and thirty-nine of this Act " there shall be substituted the words " a blight notice ".

Section 142

In subsection (1), for the words " Where a notice has been served under section one hundred and thirty-nine of this Act " there shall be substituted the words " Where a blight notice has been served ".

In subsection (2)(b), for the words " the notice under section one hundred and thirty-nine of this Act " there shall be substituted the words " the blight notice ".

In subsection (3), for the words from the beginning to " that notice " there shall be substituted the words " Where the appropriate authority have served a counter-notice objecting to a blight notice ".

Section 144

In subsection (1) for the words " a notice has been served under section one hundred and thirty-nine of this Act " there shall be substituted the words " a blight notice has been served ".

Section 145

Subsections (3) and (6) shall be omitted.

Section 146

In subsection (1), for the words " a notice under section one hundred and thirty-nine of this Act " there shall be substituted the words " a blight notice ".

Section 149

In subsections (l)(a), (1)(b), (3)(a) and (3)(b), for the words " the whole or part " (wherever occurring) there shall be substituted the words " the whole or a substantial part ".

In subsections (1)(b), (2)(b) and (3)(b) for the words " six months before the date of service " there shall be substituted the words " twelve months before the date of service ".

Section 150

Subsection (5) shall be omitted.

SCHEDULE 5

PART I — Applications for Listed Building Consent

1

• (1) Provision may be made by regulations under this Act with respect to the form and manner in which applications for listed building consent are to be made, the manner in which such applications are to be advertised and the time within which they are to be dealt with by local planning authorities or, as the case may be, by the Minister.

• (2) Any listed building consent shall (except in so far as it otherwise provides) enure for the benefit of the building and of all persons for the time being interested therein.

2

• (1) Regulations under this Act may provide that an application for listed building consent, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in the prescribed form and corresponding to one or other of those described in paragraphs (a) to (d) of section 16(1) of the principal Act (requirement of certificate that the applicant is the owner of the land or has given notice to the owners of his intended application or has tried to do so) and any such regulations may—

• (a) include requirements corresponding to section 16(2) (contents of certificate), section 16(4) (planning authority not to determine application for a certain period) and section 17(3) (duty of planning authority and Minister on appeal to take into account representations by owners, tenants, etc.) of the principal Act; and

• (b) make provision as to who, in the case of any building, is to be treated as the owner for the purposes of any provision of the regulations made by virtue of this sub-paragraph.

• (2) If any person issues a certificate which purports to comply with the requirements of regulations made by virtue of this paragraph and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

3

• (1) The Minister may give directions requiring applications for listed building consent to be referred to him instead of being dealt with by the local planning authority.

• (2) A direction under this paragraph may relate either to a particular application, or to applications in respect of such buildings as may be specified in the direction.

• (3) An application in respect of which a direction under this paragraph has effect shall be referred to the Minister accordingly.

• (4) Before determining an application referred to him under this paragraph, the Minister shall, if either the applicant or the authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Minister.

• (5) The decision of the Minister on any application referred to him under this paragraph shall be final.

4

• (1) Subject to the following provisions, a local planning authority (other than a London borough council) to whom application is made for listed building consent shall not grant such consent, unless they have notified the Minister of the application (giving particulars of the works for which the consent is required) and either—

• (a) a period of twenty-eight days has expired, beginning with the date of the notification, without the Minister having direoted the reference of the application to him ; or

• (b) the Minister has notified the authority that he does not intend to require the reference of the application.

• (2) The Minister may at any time before the said period expires give notice to the authority that he requires further time in which to consider whether to require the reference of the application to him and the foregoing sub-paragraph shall then have effect with the substitution for a period of twenty-eight days or such longer period as may be specified in the Minister's notice.

5

• (1) Subject to the following provisions, where application for listed building consent is made to a local planning authority, being a London borough council, and the authority do not determine to refuse it, they shall notify the Greater London Council of the application (giving particulars of the works for which the consent is required) and shall not grant such consent unless authorised or directed to do so under the following sub-paragraph.

• (2) On receipt of notification under sub-paragraph (1) above the Greater London Council may either—

• (a) authorise the local planning authority to grant or refuse the application, as they think fit; or

• (b) give them directions as to how they are to determine it.

• (3) The Greater London Council shall not authorise the local planning authority as mentioned in sub-paragraph (2)(a) above, nor under sub-paragraph (2)(b) above direct them to grant listed building consent, unless the Council have notified the Minister of the application made to the local planning authority (giving particulars of the works for which the consent is required) and either—

• (a) a period of twenty-eight days has expired, beginning with the date of the notification, without the Minister having directed the reference of the application to him ; or

• (b) the Minister has notified the Council that he does not intend to require the reference of the application.

• (4) The Minister may at any time before the said period of twenty-eight days expires give notice to the Council that he requires further time in which to consider whether to require the reference of the application to him and the foregoing sub-paragraph shall then have effect with the substitution for the period of twenty-eight days of such longer period as may be specified in the Minister's notice.

6

• (1) The Minister may give directions that, in the case of such descriptions of applications for fisted building consent as he may specify, other than such consent for the demolition of a building, paragraphs 4 and 5 above shall not apply; and accordingly, so long as the directions are in force local planning authorities may determine applications of such descriptions in any manner they think fit, without notifying the Minister or, as the case may be, the Greater London Council.

• (2) Without prejudice to the foregoing provisions of this Schedule, the Minister may give directions to local planning authorities requiring them, in such cases or classes of case as may be specified in the directions, to notify to him and to such other persons as may be so specified any applications made to them for listed building consent, and the decisions taken by the authorities thereon.

7

• (1) Where an application is made to the local planning authority for listed building consent and the consent is refused by the authority or is granted by them subject to conditions, the applicant, if he is aggrieved by the decision, may by notice served in the prescribed manner within such period as may be prescribed, not less than twenty-eight days from the receipt by him of notification of the decision, appeal to the Minister.

• (2) A person appealing under this paragraph may include in his notice thereunder, as the ground or one of the grounds of his appeal, a claim that the building is not of special architectural or historic interest and ought to be removed from any list compiled or approved by the Minister under section 32 of the principal Act, or—

• (a) in the case of a building to which section 40(10) of this Act applies, that the Minister should give a direction under that subsection with respect to the building ; or

• (b) in the case of a building subject to a building preservation notice under section 48 of this Act, that the building should not be included in a list compiled or approved under the said section 32.

• (3) Subject to the following provisions of this paragraph, the Minister may allow or dismiss an appeal thereunder, or may reverse or vary any part of the decision of the authority, whether the appeal relates to that part thereof or not, and—

• (a) may deal with the application as if it had been made to him in the first instance ; and

• (b) may, if he thinks fit, exercise his power under section 32 of the principal Act to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under section 40(10) of this Act to direct that that subsection shall no longer apply to the building.

• (4) Before determining an appeal under this paragraph, the Minister shall, if either the applicant or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Minister for the purpose.

• (5) The decision of the Minister on any appeal under this paragraph shall be final.

8

Where an application is made to the local planning authority for listed building consent, then unless within the prescribed period from the date of the receipt of the application, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority either—

• (a) give notice to the applicant of their decision on the application ; or

• (b) give notice to him that the application has been referred to the Minister in accordance with directions given under paragraph 3 of this Schedule,

the provisions of paragraph 7 of this Schedule shall apply in relation to the application as if listed building consent had been refused by the authority and as if notification of their decision had been received by the applicant at the end of the prescribed period or at the end of the said extended period, as the case may be.

PART II — Revocation of Listed Building Consent

9

• (1) If it appears to the local planning authority, having regard to the development plan and to any other material considerations, that it is expedient to revoke or modify listed building consent in respect of any works to a building, being consent granted on an application made under Part I of this Schedule, the authority, subject to the following provisions of this paragraph, may by order revoke or modify the consent to such extent as (having regard to these matters) they consider expedient.

• (2) An order under this paragraph shall not take effect unless it is confirmed by the Minister; and the Minister may confirm any such order submitted to him either without modification or subject to such modifications as he considers expedient.

• (3) Where a local planning authority submit an order to the Minister for confirmation under this paragraph, the authority shall serve notice on the owner and on the occupier of the building affected and on any other person who in their opinion will be affected by the order ; and if within such period as may be specified in that notice (not being less than twenty-eight days after the service thereof) any person on whom the notice is served so requires, the Minister, before confirming the order, shall afford to that person and to the local planning authority an opportunity of appearing before, and being heard by, a person appointed by the Minister for the purpose.

• (4) The power conferred by this paragraph to revoke or modify listed building consent in respect of any works may be exercised at any time before those works have been completed, but the revocation or modification shall not affect so much of those works as has been previously carried out.

10

• (1) If it appears to the Minister, after consultation with the local planning authority, to be expedient that an order under paragraph 9 above should be made, he may give directions to the authority requiring them to submit to him such an order for his confirmation, or may himself make such an order ; and any order so made by the Minister shall have the like effect as if it had been made by the authority and confirmed by the Minister under that paragraph.

• (2) The provisions of paragraph 9 above shall have effect, subject to any necessary modifications, in relation to any proposal by the Minister to make such an order by virtue of this paragraph, in relation to the making thereof by the Minister, and in relation to the service of copies thereof as so made.

11

• (1) Where listed building consent is revoked or modified by an order under this Part of this Schedule, then if on a claim made to the local planning authority in the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the building—

• (a) has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification, or

• (b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the authority shall pay to that person compensation in respect of that expenditure, loss or damage.

• (2) For the purposes of this paragraph, any expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out those works.

• (3) Subject to sub-paragraph (2) above, no compensation shall be paid under this paragraph in respect of any works carried out before the grant of the fisted building consent which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.

12

• (1) The following provisions shall have effect where the local planning authority have made an order under paragraph 9 of this Schedule but have not submitted the order to the Minister for confirmation by him, and—

• (a) the owner and occupier of the land and all persons who in the authority's opinion will be affected by the order have notified the authority in writing that they do not object to the order ; and

• (b) it appears to the authority that no claim for compensation is likely to arise under paragraph 11 above.

• (2) The authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement shall specify—

• (a) the period (not less than twenty-eight days from the date on which the advertisement first appears) within which persons affected by the order may give notice to the Minister that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Minister for the purpose; and

• (b) the period (not less than fourteen days from the expiration of the period referred to in paragraph (a) above) at the expiration of which, if no such notice is given to the Minister, the order may take effect by virtue of this paragraph and without being confirmed by the Minister.

• (3) The authority shall also serve notice to the same effect on the persons mentioned in sub-paragraph (1)(a) above, and the notice shall include a statement of the effect of sub-paragraph (7) below.

• (4) The authority shall send a copy of any advertisement published under sub-paragraph (2) above to the Minister, not more than three days after the publication.

• (5) If within the period referred to in sub-paragraph (2)(a) above no person claiming to be affected by the order has given notice to the Minister as aforesaid and the Minister has not directed that the order be submitted to him for confirmation, the order shall at the expiration of the period referred to in sub-paragraph (2)(b) above take effect by virtue of this paragraph and without being confirmed by the Minister as required by paragraph 9 of this Schedule.

• (6) This paragraph does not apply to an order revoking or modifying a listed building consent granted by the Minister under Part V of this Act or under this Schedule.

• (7) No compensation shall be payable under paragraph 11 of this Schedule in respect of an order under paragraph 9 thereof which takes effect by virtue of this paragraph and without being confirmed by the Minister.

PART III — Proceedings on Listed Building Purchase Notice

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• (1) The council on whom a listed building purchase notice is served, shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner by whom the purchase notice was served a notice stating either—

• (a) that the council are willing to comply with the purchase notice; or

• (b) that another local authority or statutory undertakers specified in the notice under this sub-paragraph have agreed to comply with it in their place ; or

• (c) that for reasons specified in the notice under this subparagraph, the council are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place and that they have transmitted a copy of the purchase notice to the Minister, on a date specified in the notice under this sub-paragraph, together with a statement of the reasons so specified.

• (2) Where the council on whom a listed building purchase notice is served by an owner have served on him a notice in accordance with sub-paragraph (1)(a) or (b) above the council, or the other local authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of section 50 of this Act, and to have served a notice to treat in respect thereof on the date of service of the notice under sub-paragraph (1) of this paragraph.

• (3) Where the council on whom a listed building purchase notice is served by an owner propose to serve on him a notice in accordance with sub-paragraph (1)(c) above, they shall transmit a copy of the purchase notice to the Minister together with a statement of their reasons ; and section 131 of the principal Act (procedure on reference of purchase notice to the Minister) shall then apply in relation to the purchase notice as it applies in relation to a purchase notice under section 129 of that Act (refusal or conditional grant of planning permission), with the substitution for references therein to the Minister taking action under section 132 of that Act of references to his taking action under paragraph 14 of this Schedule.

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• (1) Subject to the following provisions of this paragraph, if the Minister is satisfied that the conditions specified in paragraphs (a) to (c) of section 42(1) of this Act are fulfilled in relation to a listed building purchase notice, he shall confirm the notice:

Provided that, if he is satisfied that the said conditions are fulfilled only in respect of part of the land, he shall confirm the notice only in respect of that part and the notice shall have effect accordingly.

• (2) The Minister shall not confirm the purchase notice unless he is satisfied that the land comprises such land contiguous or adjacent to the building as is in his opinion required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

• (3) If it appears to the Minister to be expedient to do so in the case of a listed building purchase notice served on account of listed building consent being refused or granted subject to conditions, he may, in lieu of confirming the purchase notice, grant listed building consent for the works in respect of which the application was made or, where such consent for those works was granted subject to conditions, revoke or amend those conditions so far as it appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of those works.

• (4) If it appears to the Minister to be expedient to do so, in the case of a listed building purchase notice served on account of listed building consent being revoked or modified by an order under Part II of this Schedule, he may, in lieu of confirming the notice, cancel the order revoking the consent or, where the order modified the consent by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the works in respect of which the consent was granted.

• (5) If it appears to the Minister that the land, or any part of it, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other works for which listed building consent ought to be granted, he may in lieu of confirming the listed building purchase notice or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that listed building consent for those works shall be granted in the event of an application being made in that behalf.

• (6) If it appears to the Minister that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable tune by the carrying out of any development for which planning permission ought to be granted, he may, in lieu of confirming the listed building purchase notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that planning permission for that development shall be granted in the event of an application being made in that behalf.

• (7) If it appears to the Minister, having regard to the probable ultimate use of the building or the site thereof, that it is expedient to do so, he may, if he confirms the notice, modify it either in relation to the whole or in relation to any part of the land, by substituting another local authority or statutory undertakers for the council on whom the notice was served.

• (8) In section 131 of the principal Act as applied by paragraph 13(3) above, any reference to the taking of action by the Minister under this paragraph is a reference to the taking by him of any such action as is mentioned in sub-paragraphs (1) or (3) to (7) of this paragraph, or to the taking by him of a decision not to confirm the purchase notice on the grounds that any of the conditions specified in paragraphs (a) to (c) of section 42(1) of this Act are not fulfilled.

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• (1) Where the Minister confirms a listed building purchase notice, the council on whom the notice was served (or, if under paragraph 14(7) above the Minister modified the notice by substituting another local authority or statutory undertakers for that council, that other authority or those undertakers) shall be deemed to be authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 50 of this Act and to have served a notice to treat in respect thereof on such date as the Minister may direct.

• (2) If, before the end of the relevant period, the Minister has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in sub-paragraphs (3) to (6) of paragraph 14 above, and has not notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period and the council on whom the notice was served shall be deemed to have been authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 50 of this Act and to have served a notice to treat in respect thereof at the end of that period.

• (3) In this paragraph—

• (a) " the relevant interest " means the owner's interest in the land or, if the purchase notice is confirmed by the Minister in respect of only part of the land, the owner's interest in that part;

• (b) " the relevant period " is whichever of the following periods first expires, that is to say—

• (i) the period of nine months beginning with the date of the service of the purchase notice ; and

• (ii) the period of six months beginning with the date on which a copy of the purchase notice was transmitted to the Minister.

• (4) Where the Minister has notified the owner by whom a listed building purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice (including any decision to confirm the notice only hi respect of part of the land, or to give any direction as to the granting of listed building consent), and that decision of the Minister is quashed under the provisions of Part XI of the principal Act, the purchase notice shall be treated as cancelled, but the owner may serve a further listed building purchase notice in its place.

• (5) For the purpose of any regulations made under this Act as to the time within which a listed building purchase notice may be served, the service of a purchase notice under sub-paragraph (4) above shall not be treated as out of time if the notice is served within the period which would be applicable in accordance with those regulations if the decision to refuse listed building consent or to grant it subject to conditions (being the decision in consequence of which the listed building purchase notice is served) had been made on the date on which the decision of the Minister was quashed as mentioned in sub-paragraph (4) above.

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Where in consequence of listed building consent being revoked or modified by an order under Part II of this Schedule, compensation is payable in respect of expenditure incurred in carrying out any works to the building in respect of which the consent was granted, then if a listed building purchase notice is served in respect of an interest in the land, any compensation payable in respect of the acquisition of that interest in pursuance of the purchase notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable by virtue of that paragraph.

PART IV — Provisions about Listed Building Enforcement Notices

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• (1) A listed building enforcement notice shall be served on the owner and occupier of the building to which it relates, and on any other person having an interest in the building, being an interest which in the opinion of the authority is materially affected by the notice.

• (2) Subject to the following provisions of this Schedule, a listed building enforcement notice shall take effect at the end of such period, not less than twenty-eight days after the service of the notice, as may be specified therein.

• (3) The local planning authority may withdraw a listed building enforcement notice (without prejudice to their power to serve another) at any time before it takes effect; and if they do so, they shall forthwith give notice of the withdrawal to every person who was served with the notice.

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• (1) A person on whom a listed building enforcement notice is served, or any other person having an interest in the building to which it relates, may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal to the Minister against the notice on any of the following grounds :—

• (a) that the building is not of special architectural or historic interest;

• (b) that the matters alleged to constitute a contravention of section 40 of this Act do not involve such a contravention ;

• (c) that the works were urgently necessary in the interests of safety or health, or for the preservation of the building ;

• (d) that listed building consent ought to be granted for the works, or that any relevant condition of such consent which has been granted ought to be discharged, or different conditions substituted;

• (e) that the notice was not served as required by paragraph 17 of this Schedule;

• (f) that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out;

• (g) that the period specified in the notice as the period within which any steps required thereby are to be taken falls short of what should reasonably be allowed ;

• (h) that the steps required by the notice to be taken would not serve the purpose of restoring the character of the building in its former state.

• (2) An appeal under this paragraph shall be made by notice in writing to the Minister, which shall indicate the grounds of appeal and state the facts on which it is based ; and on any such appeal the Minister shall, if either the appellant or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Minister for the purpose.

• (3) Where an appeal is brought under this paragraph, the notice shall be of no effect pending the final determination or withdrawal of the appeal.

• (4) Where an appeal is brought under this paragraph,—

• (a) the Minister may correct any informality, defect or error in the notice if he is satisfied that the informality, defect or error is not material;