Town and Country Planning Act 1968

• (b) in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by paragraph 17 of this Schedule to be served with the notice was not served, the Minister may disregard that fact if he is satisfied that the person has not been substantially prejudiced by the failure to serve him.

• (5) On the determination of an appeal under this paragraph, the Minister shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the listed building enforcement notice or for varying the terms of the notice in favour of the appellant, and the Minister may—

• (a) grant listed building consent for the works to which the notice relates or, as the case may be, discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous ;

• (b) in so far as any works already executed constitute development for which planning permission is required, grant such permission in respect of the works ;

• (c) 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.

• (6) Any planning permission granted by the Minister under sub-paragraph (5) above shall be treated as granted on an application for the like permission under Part III of the principal Act, and any listed building consent granted by him thereunder shall be treated as granted on an application for the like consent under Part I of this Schedule ; and—

• (a) in relation to the grant thereunder either of planning permission or of listed building consent, the Minister's decision shall be final;

• (b) for the purposes of section 19(4) of the principal Act (local planning authority's register of planning applications) a decision of the Minister to grant planning permission shall be treated as having been given by him in dealing with an application for planning permission made to the local planning authority.

PART V — Provisions Applicable on Lapse of Building Preservation Notice

19

The provisions of this Part of this Schedule apply where a building preservation notice ceases to be in force by virtue of section 48(3) of this Act, otherwise than by reason of the building to which it relates being included in a list compiled or approved under section 32 of the principal Act.

20

The fact that the building preservation notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 40 or 45 of this Act committed by him with respect to the said building while the notice was in force.

21

Any proceedings on or arising out of an application for listed building consent made while the building preservation notice was in force shall lapse and any listed building consent granted with respect to the building, while the notice was in force, shall also lapse.

22

Any listed building enforcement notice served by the local planning authority while the building preservation notice was in force shall cease to have effect and any proceedings thereon under Part IV of this Schedule shall lapse, but section 46(1) and (2) of this Act shall continue to have effect as respects any expenses incurred by the local authority, owner or occupier as therein mentioned and with respect to any sums paid on account of such expenses.

SCHEDULE 6

1

In relation to matters specified in the first column of the Table below (being in each case a matter mentioned in paragraph (a), (b), (c) or (d) of section 62(1) above as one which may be referred to a Planning Inquiry Commission under that section) " the responsible Minister or Ministers " for the purposes of sections 62 and 63 of this Act—

• (a) in the case of a matter affecting England only, are those specified opposite in the second column of the Table ;

• (b) in the case of a matter affecting Wales only, are those specified opposite in the third column of the Table; and

• (c) in the case of a matter affecting both England and Wales, are those specified opposite in the fourth column of the Table.

2

Where an entry in the second, third or fourth columns of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly.

Referred matter	Affecting England only	Affecting Wales only	Affecting both England and Wales
1. Application for planning permission or appeal under section 23 of the principal Act-
(a) relating to operational land of statutory undertakers, or to land in the case of which the circumstances mentioned in section 70(2) of this Act are present.	The Minister of Housing and Local Government and the appropriate Minister (if different).	The Secretary of State and the appropriate Minister (if different).	The Secretary of State, the Minister of Housing and Local Government and the appropriate Minister (if different).
(b) relating to other land.	The Minister of Housing and Local Government.	The Secretary of State.	The Secretary of State and the Minister of Housing and Local Government.
2. Proposal that a government department should give a direction under section 41 of the principal Act or that development should be carried out by or on behalf of a government department.	The Minister of Housing and Local Government and the Minister (if different) in charge of the government department concerned.	The Secretary of State and the Minister (if different) in charge of the government department concerned.	The Secretary of State, the Minister of Housing and Local Government and the Minister (if different) in charge of the government department concerned.

SCHEDULE 7

PART I — Confirmation of Orders

1

• (1) Before an order under section 94 or 95 of this Act is submitted to the Minister for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form—

• (a) stating the general effect of the order and that it has been made and is about to be submitted for confirmation or to be confirmed as an unopposed order ;

• (b) naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge at all reasonable hours ; and

• (c) specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.

• (2) Subject to sub-paragraph (4) below, the notice to be given under sub-paragraph (1) above shall be given—

• (a) by publication in the London Gazette and in at least one local newspaper circulating in the area in which the land to which the order relates is situated ; and

• (b) by serving a like notice on—

• (i) every owner, occupier and lessee (except tenants for a month or a period less than a month and statutory tenants within the meaning of the Rent Act 1968) of any of that land,

• (ii) every council, the council of every rural parish and the parish meeting of every rural parish not having a separate parish council, being a council or parish whose area includes any of that land ; and

• (iii) any statutory undertakers to whom there belongs, or by whom there is used, for the purposes of their undertaking, any apparatus under, in, on, over, along or across that land ; and

• (c) by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any footpath or bridleway as is to be stopped up, diverted or extinguished by virtue of the order.

• (3) In the foregoing sub-paragraph " council " means a county council, a county borough council, a county district council, the Greater London Council or a London borough council.

• (4) Except in the case of an owner, occupier or lessee being a local authority or statutory undertakers, the Minister may in any particular case direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i) above ; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to " the owners and any occupiers " of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

• (5) Where under this paragraph a notice is required to be served on an owner of land and the land belongs to an ecclesiastical benefice, a like notice shall be served on the Church Commissioners.

2

If no representations or objections are duly made, or if any so made are withdrawn, the authority by whom the order was made may, instead of submitting the order to the Minister, themselves confirm the order (but without any modification).

3

• (1) If any representation duly made is not withdrawn, the Minister shall, before confirming the order, if the objection is made by a local authority cause a local inquiry to be held, and in any other case either—

• (a) cause a local inquiry to be held ; or

• (b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Minister for the purpose,

and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm the order, with or without modifications:

Provided that in the case of an order under section 94 of this Act, if objection is made by statutory undertakers on the ground that the order provides for the creation of a public right of way over land covered by works used for the purpose of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

• (2) Notwithstanding anything in the foregoing provisions of this paragraph, the Minister shall not confirm an order so as to affect land not affected by the order as submitted to him, except after—

• (a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made ;

• (b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Minister for the purpose ; and

• (c) considering the report of the person appointed to hold the inquiry or to hear representations or objections as the case may be ;

and, in the case of an order under section 94 of this Act, if objection is made by statutory undertakers on the ground that the order as modified would provide for the creation of a public right of way over land covered by works used for the purposes of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

4

• (1) The Minister shall not confirm an order under section 94 of this Act which extinguishes a right of way over land under, in, on, over, along or across which there is any apparatus belonging to or used by statutory undertakers for the purpose of their undertaking, unless the undertakers have consented to the confirmation of the order ; and any such consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require.

• (2) The consent of statutory undertakers to any such order shall not be unreasonably withheld ; and any question arising under this paragraph whether the withholding of consent is unreasonable, or whether any requirement is reasonable, shall be determined by whichever Minister is the appropriate Minister in relation to the statutory undertakers concerned.

5

Regulations under this Act may, subject to this Part of this Schedule, make such provision as the Minister thinks expedient as to the procedure on the making, submission and confirmation of orders under sections 94 and 95 of this Act.

PART II — Publicity for Orders after Confirmation

6

As soon as may be after an order under section 94 or 95 of this Act has been confirmed by the Minister or confirmed as an unopposed order, the authority by whom the order was made shall publish, in the manner required by paragraph 1(2) of this Schedule, a notice in the prescribed form, describing the general effect of the order, stating that it has been confirmed, and naming a place where a copy thereof as confirmed may be inspected free of charge at all reasonable hours, and shall—

• (a) serve a like notice and a copy of the order as confirmed on any persons on whom notices were required to be served under the said paragraph 1(2) or under paragraph 1(4); and

• (b) cause a like notice to be displayed in the like manner as the notice required to be displayed under the said paragraph 1(2) :

SCHEDULE 8

Section 16 (Notification of application for planning permission to owners of the land and others)

In subsection (5) (penalty for issuing false certificate under section 16(1) or issuing certificate containing statements known to be false or misleading), for the words " a fine not exceeding fifty pounds " there shall be substituted the words " a fine not exceeding £100 ".

Section 47 (Penalties for non-compliance with enforcement notice)

In subsection (1) (land owner liable to a fine if enforcement notice not complied with) for the words " on summary conviction to a fine not exceeding one hundred pounds " there shall be substituted the words " on summary conviction to a fine not exceeding £400 or on conviction on indictment to a fine ".

In subsection (4) (further penalty, after conviction under section 47(1), for failure to take the steps required by the notice) for the words " on summary conviction to a fine not exceeding twenty pounds " there shall be substituted the words " on summary conviction to a fine not exceeding £50 " and at the end of the subsection there shall be added the words " or on conviction on indictment to a fine ".

In subsection (5) (penalty for use of land in contravention of enforcement notice) for the words from " shall be liable " to tine end of the subsection there shall be substituted the words " shall be liable on summary conviction to a fine not exceeding £400, or on conviction on indictment to a fine ; and if the use is continued after the conviction he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £50 for every day on which the use is so continued, or on conviction on indictment to a fine ".

Section 51 (Effect of enforcement notice on subsequent development)

In subsection (5) (reinstatement of building demolished or altered in compliance with enforcement notice), for the words " on summary conviction to a fine not exceeding one hundred pounds " there shall be substituted the words " on summary conviction to a fine not exceeding £400 ".

Section 56 (Non-compliance with notice requiring proper maintenance of unoccupied or waste land)

In subsection (2) (continuance or aggravation of the injury after expiration of notice under section 36) for the words " on summary conviction to a fine not exceeding twenty pounds " there shall be substituted the words " on summary conviction to a fine not exceeding £50 ".

Section 61 (Enforcement of orders requiring discontinuance of use or alteration or removal of buildings or works)

In subsection (1) (penalty for non-compliance with notice under section 28) for the words " on summary conviction to a fine not exceeding one hundred pounds " there shall be substituted " on summary conviction to a fine not exceeding £400 or on conviction on indictment to a fine " ; and for the words " on summary conviction to a fine not exceeding twenty pounds for every day on which the use is so continued " there shall be substituted the words " on summary conviction to a fine not exceeding £50 for every day on which the use is so continued or on conviction on indictment to a fine ".

Section 63 (Enforcement of control of advertisements)

In subsection (2) (penalty for displaying advertisement in contravention of regulations) for the words from " on summary conviction " to the end of the subsection there shall be substituted the words " on summary conviction to a fine of such amount as may be prescribed by the regulations not exceeding £100 and, in the case of a continuing offence, £5 for each day during which the offence continues after conviction ".

Section 212 (Supplementary provisions as to rights of entry

In subsection (3) (penalty for disclosure of trade secrets obtained on entry to a factory or other place of work) for the words " on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months " there shall be substituted the words " on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both ".

Section 215 (Power to require information as to interests in land)

For subsection (2) (penalties for non-compliance or dishonest compliance with request for information) there shall be substituted the following subsections:—

SCHEDULE 9

PART I — General Provisions for Adaptation and Interpretation

1

For the purposes of the principal Act, this Act, any other enactment relating to town and country planning, the Land Compensation Act 1961 and Part II of the Land Commission Act 1967, the development plan for any district outside Greater London (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

• (a) the provisions of the structure plan for the time being in force for that area or the relevant part of that area, together with the Minister's notice of approval of the plan ;

• (b) any alterations to that plan, together with the Minister's notices of approval thereof ;

• (c) any provisions of a local plan for the time being applicable to the district, together with a copy of the authority's resolution of adoption or, as the case may be, the Minister's notice of approval of the local plan ; and

• (d) any alterations to that local plan, together with a copy of the authority's resolutions of adoption or, as the case may be, the Minister's notices of approval thereof.

2

For the said purposes the development plan for any district in Greater London (whether the whole or part of the area of a London borough) shall be taken as consisting of—

• (a) the provisions of the Greater London development plan and of the structure plan prepared by the council of that borough and for the time being in force in that area or the relevant part of that area together with the Minister's notices of approval of the plans ;

• (b) any alterations to those plans, together with the Minister's notices of approval thereof ;

• (c) any provisions of a local plan for the time being applicable to the district, together with a copy of the resolution of adoption of the relevant council or, as the case may be, the Minister's notice of approval of the local plan ; and

• (d) any alterations to that local plan, together with a copy of the resolutions of adoption of the relevant council or, as the case may be, the Minister's notices of approval thereof.

3

References in paragraphs 1 and 2 above to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to a district forming part of the area to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the district.

4

References in paragraphs 1 to 3 above to notices of approval shall in relation to any plan or alteration made by the Minister under section 12 of this Act be construed as references to notices of the making of the plan or alteration.

5

Any reference in the principal Act to the carrying out of a survey or the preparation, approval, making or amendment of a development plan under Part II of that Act or to a plan or amendment approved or made under the said Part II shall be construed as a reference to the carrying out of a survey or the preparation, approval, adoption, making or amendment of a structure plan or local plan under Part I of this Act or, as the case may be, to a plan or amendment approved, adopted or made thereunder.

6

References in any Act to the acquisition of land under Part V of the principal Act or to land acquired thereunder (including references which, by Schedule 14 to that Act, are to be construed as such) shall be respectively construed as, or as including (according as the context requires), references to the acquisition of land under any provision of this Act and to land acquired under any such provision, and—

• (a) any such references in sections 82, 83 and 164 to 169 of that Act (ancillary provisions as to the acquisition of land) shall be respectively construed as also including references to the compulsory acquisition of land under any enactment other than the principal Act and this Act and to land compulsorily acquired under any such enactment, and

• (b) in section 130(2) (effect of purchase notice accepted by local planning authority or statutory undertakers) and section 133(1) (confirmation of purchase notice by Minister) of that Act, references to compulsory acquisition shall, in the case of statutory undertakers, be construed as references to any statutory provision (however expressed) under which the undertakers have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking.

7

Any reference in the Land Compensation Act 1961 to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

8

The foregoing provisions of this Schedule shall have effect subject to any specific provision contained in Part II of this Schedule and to the provisions of Schedule 10 to this Act.

PART II — Specific Adaptations, Amendments and Modifications

The Highways Act 1959 (c. 25)

9

In section 38(2) (specification of highways which are to be maintainable at the public expense), in paragraph (e), after the words " public path diversion order " there shall be inserted the words " or in consequence of an order made by the Minister of Transport or the Minister of Housing and Local Government under section 153 of the Town and Country Planning Act 1962 or by a competent authority under section 94 of the Town and Country Planning Act 1968 ".

The Public Health Act 1961 (c. 64)

10

In Schedule 4 (attachment of street lighting equipment to buildings), for the second item in the Table there shall be substituted the following:—

A building which is included in a list compiled or approved under section 32 of the Town and Country Planning Act 1962.	The Minister of Housing and Local Government.

The Town and Country Planning Act 1962 (c. 38)

11

Any reference to section 68 of the Act shall be construed (according as the context may require) as including, or as being replaced by, a reference to section 28 of this Act.

12

In section 3(1) (delegation of functions of local planning authorities) the reference to the functions specified in subsection (2) of that section (that is to say, functions under Parts III and IV and section 180 of the Act) shall be construed as including a reference to functions under Parts II and V and sections 65 to 68, 78 and 80 of this Act.

13

In section 15(1)(b) (certain planning applications not to be determined by local planning authority before expiration of a specified period), for the words from " appearing from the evidence " onwards there shall be substituted the words " of the application ".

14

In section 16(1) (application for planning permission to be accompanied by certificate that the applicant is the owner or a tenant of the land, or that he has served on the owners notice of his intention to apply, or that he does not know who the owners are),—

• (a) in paragraph (c) for the words " and that " to the end of the paragraph there shall be substituted the words " that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so "; and

• (b) in paragraph (d), for the words " and that " to the end of the paragraph there shall be substituted the words " that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) of this subsection and that he has been unable to do so ".

15

In section 17 (determination of planning applications),—

• (a) at the beginning of subsection (1)(a) there shall be inserted the words " Subject to sections 65 and 66 of the Act of 1968 "; and

• (b) in subsection (2), for the words from " appearing from the evidence " onwards there shall be substituted the words " of the application ".

16

In section 19 (provision which can be made by regulations or a development order with respect to the manner in which planning applications are to be dealt with), in subsection (2)(a), after the word " authority " there shall be inserted the words " either indefinitely or ".

17

In section 32(4) (duty of Minister to notify the owner and occupier of a building when it has become, or ceased to be, listed) for the words " the Minister shall serve a notice " there shall be substituted the words " the council of the county borough, London borough or county district in whose area the building is situated, on being informed of the fact by the Minister, shall serve a notice in the prescribed form ".

18

So much of section 34(4) (definition of areas of special control in connection with the control of advertisements) as provides for the definition of such areas by reference to the provisions of a development plan shall cease to have effect.

19

In section 37(1) (power of local planning authority to make agreements with land-owners restricting or regulating the development or use of their land), the words " with the approval of the Minister " shall be omitted.

20

In section 49(1) (supplementary provisions as to enforcement notices) for the words " any development " there shall be substituted the words " any breach of planning control (as defined by section 15 of the Act of 1968) " and for the words " by whom the development was carried out " there shall be substituted the words " by whom the breach of planning control was committed ".

21

In section 63 (enforcement of control of advertising) in subsection (1), after the words " this Part of this Act " there shall be inserted the words " or Part II of the Act of 1968 ".

22

In section 64 (supplementary provisions as to appeals under Part IV)—

• (a) in subsection (1), after the words " this Part of this Act " there shall be inserted the words " or under Part II of the Act of 1968 or Part IV of Schedule 5 to that Act ";

• (b) in the second of the subsections numbered (3), after the words " this Part of this Act " there shall be inserted the words " or under Part II of the Act of 1968 or Part IV of Schedule 5 to that Act ".

23

In section 65 (recovery by local planning authority of expenses of enforcement), after the word " Act " there shall be inserted the words " or of the provisions of Part II of the Act of 1968 or Part IV of Schedule 5 to that Act ".

24

In section 66 (local authority land),—

• (a) in subsection (1), after the words " this Part of this Act " there shall be inserted the words " and Part II of the Act of 1968 "; and

• (b) in subsection (2) after the words " this Part of this Act " there shall be inserted the words " or Part II of the Act of 1968 ".

25

In section 71(1) (acquisition of land by agreement), for paragraph (b) there shall be substituted the following paragraphs:—

(b) any building appearing to them to be of special architectural or historic interest; and (c) 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.

26

In section 73(1) (appropriation of land for planning purposes), the words " specified in a development plan (being a purpose " shall cease to have effect.

27

In section 78(2) (cases where the Minister's consent is needed for the disposal of land held for planning purposes) for paragraph (b) there shall be substituted the following paragraph:—

(b) of land acquired or appropriated for planning purposes for a reason mentioned in section 28(1)(a) to (c) of the Act of 1968 ; or

.

28

In section 78(7) (special provisions as to land comprised in or contiguous or adjacent to areas of comprehensive development), for paragraphs (a) and (b) there shall be substituted the words " to land acquired or appropriated for planning purposes for a reason mentioned in section 28(l)(a) to (c) of the Act of 1968 ".

29

In section 86(1) of the principal Act (objections to compulsory purchase orders), for the words from the beginning to " acquisition " there shall be substituted the words " Where it is proposed that land should be acquired compulsorily under section 28 or 29 of the Act of 1968 ".

30

In section 126 (compensation for restrictions on advertising), in paragraph (a) for the words " on the seventh day of January, nineteen hundred and forty-seven and was being displayed on the date on which the regulations came into force, or " there shall be substituted the words " on 1st August 1948, or ".

31

In section 127 (general provisions as to compensation for depreciation under Part VII), in subsection (2), after the word " thereof " there shall be inserted the words " or under Part V or section 92 of the Act of 1968 ".

32

In section 128(1) (determination of claims for compensation) after the word " Act ", in the second place where it occurs, there shall be inserted the words " or Part II or Part V or section 92 of the Act of 1968 ".

33

In section 159 (determination of applications etc. by statutory undertakers in respect of operational land) the following amendments shall be made:—

• (a) in subsection (1), after the words " such an application " there shall be inserted the words " or such an application is deemed to be made under section 16(7) of the Act of 1968 on an appeal under that section by statutory undertakers ";

• (b) after subsection (1) there shall be inserted the following subsection:—

(1A) An application for planning permission which is deemed to have been made by virtue of section 18(6) of the Act of 1968 shall be determined by the Minister and the appropriate Minister.

34

In section 160(2) (Ministers responsible for dealing with planning application by statutory undertakers where development authorised by a government department), for the words " as mentioned in the preceding subsection " there shall be substituted the words " in respect of any development of operational land ".

35

In section 176 (validity of development plans, and of certain orders and certain actions of the Minister, not to be questioned in legal proceedings, subject to following provisions of Part XI of the Act), the following amendments shall be made:—

• (a) for subsection (1)(a) there shall be substituted the following paragraph—

(a) a structure plan, a local plan or any alteration, repeal or replacement of any such plan, whether before or after the plan, alteration, repeal or replacement has been approved or adopted, or

;

• (b) in subsection (1)(b), after the word " Act " there shall be inserted the words " or sections 91, 92, 94 or 95 of the Act of 1968 ";

• (c) at the end of subsection (2) there shall be added the following paragraph:—

(f) any order under Part II of Schedule 5 to the Act of 1968

.

• (d) in subsection (3), at the end of paragraph (c) there shall be inserted the words " under section 129 of this Act or section 42 of the Act of 1968 ", in paragraph (d) for the words " a purchase notice " (wherever occurring) there shall be substituted the words " such a purchase notice " , and at the end of the subsection there shall be inserted the following paragraphs:—

(g) any decision of the Minister to grant planning permission under section 16(5)(a) of the Act of 1968 ; (h) any decision of the Minister on an application for an established use certificate referred to him under section 18(1) of the Act of 1968 ; (f) any decision of the Minister on an appeal under section 18(2) of the Act of 1968 ; (j) any decision by the Minister to confirm a completion notice under section 68 of that Act; (k) any decision of the Minister on an application referred to him under paragraph 3 of Schedule 5 to the Act of 1968, being an application for listed building consent for any works ; (l) any decision of the Minister on an appeal to him under paragraph 7 of that Schedule ; (m) any decision of the Minister under paragraph 18(5)(a) of that Schedule to grant listed building consent for any works or under paragraph 18(5)(b) of that Schedule to grant planning permission in respect of any works.

36

In section 177 (validity of enforcement notices and similar notices) the following subsections shall be substituted for subsections (1) to (3) :—

(1) Subject to this section— (a) the validity of an enforcement notice shall not, except by way of an appeal under Part II of the Act of 1968, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) to (e) of section 16(1) of that Act; (b) the validity of a listed building enforcement notice under section 44 of the Act of 1968 shall not, except by way of an appeal under Part IV of Schedule 5 to that Act be questioned in any proceedings whatsoever on any of the grounds specified in sub-paragraphs (b) or (e) of paragraph 18(1) of that Schedule. (2) Subsection (1)(a) above shall not apply to proceedings brought under section 47(5) of this Act against a person who— (a) has held an interest in the land since before the enforcement notice was served under Part II of the Act of 1968; and (b) did not have the enforcement notice served on him thereunder ; and (c) satisfies the court that— (i) he did not know and could not reasonably have been expected to know that the enforcement notice had been served ; and (ii) his interests have been substantially prejudiced by the failure to serve him.

37

For section 178 (proceedings for questioning validity of development plans and certain orders) there shall be substituted the following section:—

(178) (1) If any person aggrieved by a structure plan or local plan or by any alteration, repeal or replacement of any such plan, desires to question the validity of the plan, alteration, repeal or replacement on the ground that it is not within the powers conferred by Part I of the Act of 1968, or that any requirement of the said Part I or of any regulations made thereunder has not been complied with in relation to the approval or adoption of the plan, alteration, repeal or replacement, he may, within six weeks from the date of the publication of the first notice of the approval or adoption of the plan, alteration, repeal or replacement required by regulations under section 13(1) of that Act, make an application to the High Court under this section. (2) On any application under this section the High Court— (a) may by interim order wholly or in part suspend the operation of the plan, alteration, repeal or replacement, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings ; (b) if satisfied that the plan, alteration, repeal or replacement is wholly or to any extent outside the powers conferred by Part I of the Act of 1968, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of the said Part I or of any regulations made thereunder, may wholly or in part quash the plan, alteration, repeal or replacement, as the case may be, either generally or in so far as it affects any property of the applicant. (3) The preceding provisions of this section shall apply to an order under section 153 or 155 of this Act or under section 91 or 92 of the Act of 1968 as they apply to a structure plan, as if, in subsection (1) of this section, for the reference to the notice therein mentioned, there were substituted a reference to the notice required by section 154(6) of this Act. (4) The said provisions shall apply to an order under section 94 or 95 of the Act of 1968 as they apply to a structure plan as if, in subsection (1) of this section, for the reference to the date on which the notice therein mentioned is first published there were substituted a reference to the date on which the notice required by paragraph 6 of Schedule 7 to that Act is first published in accordance with that paragraph. (5) Subsections (1) and (2) of this section shall apply, subject to any necessary modifications, to an order under section 168 of this Act as they apply to a structure plan.

38

In section 179(6) (construction of references in that section to confirmation of an order) the words from " do not " to " (with that exception) " shall be omitted.

39

In section 180 (appeals to High Court relating to enforcement notices)—

• (a) for subsection (1) there shall be substituted the following subsection:—

(1) Where the Minister gives a decision in proceedings on an appeal— (a) under Part II of the Act of 1968 against an enforcement notice: or (b) under Part IV of Schedule 5 to that Act against an enforcement notice under section 44 of that Act, the appellant or the local planning authority or any person (other than the appellant) on whom the notice was served may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Minister to state and sign a case for the opinion of the High Court.

;

• (b) subsection (2) shall be omitted ; and

• (c) in subsection (3), for the words " in either of the preceding subsections " there shall be substituted the words " in subsection (1) of this section ".

40

In section 183 (orders subject to special parliamentary procedure), after the word " Act ", where first occurring, there shall be inserted the words " or section 91 or 92 of the Act of 1968 ".

41

In section 188 (contributions by Ministers towards compensation paid by local authorities) after the words " Part III of this Act " there shall be inserted the words " or Part II, III or V of the Act of 1968 ".

42

In section 189 (contribution by local authorities and statutory undertakers)—

• (a) in subsection (2)(b) after the words " Part V of this Act " there shall be inserted the words " or Part II or Part V of the Act of 1968 or Schedule 5 to that Act ";

• (b) in subsection (3), after the words " Part III of this Act " there shall be inserted the words " or Part II or V of the Act of 1968 ".

43

In section 196 (expenses of county councils), after the word " thereto ", there shall be inserted the words " or under the provisions of the Act of 1968 ".

44

In section 197(1) (power to modify Act in relation to minerals) after the word " thereto " there shall be inserted the words " and the provisions of the Act of 1968 ".

45

In section 199 (exercise of powers in relation to Crown land) the following amendments shall be made:—

• (a) in subsection (1)(a) after the words " Part II of this Act " there shall be inserted the words " or the Greater London development plan ";

• (b) in subsection (2)(a) for the words " sections twenty-eight to thirty-one, section thirty-six or section forty-five of this Act " there shall be substituted the words " section 28, 29 or 36 of this Act or section 15 or 44 of the Act of 1968 ";

• (c) for subsection (3) there shall be substituted the following subsections :—

(3) No enforcement notice shall be served under section 15 of the Act of 1968 in respect of development carried out by or on behalf of the Crown after the appointed day on land which was Crown land at the time when the development was carried out. (3A) No enforcement notice under section 44 of the Act of 1968 shall be served in respect of works executed by or on behalf of the Crown in respect of a building which was Crown land at the time when the works were executed.

• (d) in subsection (4), after the words " No purchase notice " there shall be inserted the words " under section 129 of this Act or section 42 of the Act of 1968 ".

46

In section 203(1) (Scilly Isles) after the words " Eighth Schedule thereto " there shall be inserted the words " and of the provisions of the Act of 1968 ".

47

In section 204(1) (application to the National Coal Board of provisions of the principal Act relating to statutory undertakers), the reference to any of the provisions of that Act specified in paragraph 1 of Schedule 8 thereto shall be construed as including a reference to sections 69 to 71 of this Act.

48

In section 205 (ecclesiastical property)—

• (a) in subsection (1), the words " specified in paragraph 1 of the Eighth Schedule thereto " shall be omitted ; and

• (b) in subsection (3), after the words " under Part VII of this Act " there shall be inserted the words " or under section 20, 49 or 92 of the Act of 1968 ".

49

Section 207 (default powers of Minister) shall be amended as follows: —

• (a) in subsection (2) the following shall be substituted for paragraph (c):—

(c) tree preservation orders and orders amending or revoking them

;

• (b) in subsection (4), for paragraphs (a) and (b) there shall be substituted the following paragraphs :—

(a) an enforcement notice under section 15 of the Act of 1968 or under the provisions of that section as applied by regulations made under section 34 of this Act; or (b) a notice under section 36 of this Act; or (c) a stop notice under section 19 of the Act of 1968 ; or (d) an enforcement notice under section 44 of that Act; or (e) a completion notice under section 68 of that Act

and for the words (in the proviso) from " an enforcement notice " to " this Act " there shall be substituted the words " an enforcement notice under section 15 or 44 of the Act of 1968 which is served by the Minister, the provisions of sections 47 to 51 of this Act or, as the case may be, sections 45 and 46 of that Act "; and

• (c) for subsection (5)(a) there shall be substituted the following paragraph:—

(a) that the council of a county, county borough, London borough or county district or the Common Council of the City of London have failed to take steps for the acquisition of any land which, in the opinion of the Minister, ought to be acquired by that council under section 28 of the Act of 1968 for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated ; or

.

50

Section 211 (general powers of entry) shall be amended as follows:—

• (a) at the end of subsection (1)(c) there shall be added the words " or to serve any notice under Part II or Part V of the Act of 1968 " ;

• (b) after that subsection there shall be inserted the following subsection :—

(1A) Any person duly authorised in writing by the Minister may at any reasonable time enter any land for the purpose of surveying any building thereon in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 32 of this Act. (1B) Any person duly authorised in writing by the Minister or a local planning authority may at any reasonable time enter any land for the purpose of ascertaining whether, with respect to any building on the land, an offence has been, or is being, committed under Part V of the Act of 1968, or whether the building is being maintained in a proper state of repair.

• (c) in subsection (3), at the end there shall be added the words " or under any provision of the Act of 1968 " ;

• (d) in subsection (4), for the words from " a Minister " to " so designated " there shall be substituted the words " a local authority or Minister authorised to acquire land under section 28 or 29 of the Act of 1968 ".

51

In section 215(1) (power to require information as to interests in land), the words " specified in paragraph 1 of the Eighth Schedule thereto " shall be omitted.

52

In section 217 (regulations and orders)—

• (a) in subsection (1)(a) the words " specified in paragraph 1 of the Eighth Schedule thereto " shall be omitted ; and

• (b) in subsection (3), the words " specified in paragraphs 1 and 3 of the Eighth Schedule thereto " shall be omitted ;

• (c) after subsection (3), there shall be inserted the following subsection:—

(3A) Without prejudice to subsection (3) above, where an order has been made— (a) by the Minister of Transport, either before or after the commencement of section 89 of the Act of 1968, under section 153(1) of this Act or section 49 of the Town and Country Planning Act 1947 ; or (b) by the Minister of Housing and Local Government under the said section 153(1), so much of the order as relates to a footpath or bridleway may be varied or revoked by an order made under the said section 153(1) by either of those two Ministers.

53

Section 221(1) (interpretation) shall be amended as follows:—

• (a) after the definition of " the Act of 1959 " there shall be inserted the following:—

• ' the Act of 1968 ' means the Town and Country Planning Act 1968

;

• (b) in the definition of " enforcement notice " for the words " section forty-five of this Act " there shall be substituted the words " section 15 of the Act of 1968 ";

• (c) in the definition of " owner ", the reference to section 47 of the principal Act and the words " or agent " shall be omitted.

54

In paragraph 5 of Schedule 2 (joint advisory committees for advising constituent authorities as to the preparation of development plans and other matters) the reference to development plans shall be construed as a reference to structure plans and local plans.

55

In Schedule 8 (provisions of principal Act listed for the purposes of sections of the Act referred to in the Schedule heading), the following amendments shall be made:—

• (a) in paragraph 1(1)—

• for the words " Sections 1 to 12 " there shall be substituted the words " Sections 1 to 3 ; section 12 ";

• for the words " sections 27 to 39 ; sections 41 to 87 " there shall be substituted the words " sections 27 to 29 ; section 32 ; sections 34 to 39 ; sections 41 to 44 ; sections 47 to 51 ; sections 56 to 66 ; sections 70 to 73 ; sections 77 to 87 "; and

• the words " section 210 " shall be omitted ; and

• for the words " the 1st, 2nd, 3rd and 4th Schedules " ; there shall be substituted the words " the 1st, 2nd and 3rd Schedules ";

• (b) in paragraph 3(1) for the words " sections 138 to 151 " there shall be substituted the words " sections 138 to 142 ; sections 144 to 151 ".

56

In Schedule 13 (savings and transitional provisions) in paragraph 6(2), for the words " Part IV of this Act " there shall be substituted the words " Part II of the Act of 1968 ".

The London Government Act 1963 (c. 33)

57

In section 21 (housing powers) the reference to an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

58

For section 24(3) (local planning authorities) there shall be substituted the following subsection:—

(3) Subject to subsection (4) of this section, to sections 28 and 29 of this Act and to the Town and Country Planning Act 1968 (hereafter in this Act referred to as 'the 1968 Planning Act'), for all purposes of the Planning Act and the said Act of 1968 the local planning authority as respects any London borough shall be the council of the borough and as respects the City shall be the Common Council; and— (a) any application under Part III of the Planning Act for planning permission for any development shall be made to, and, subject to the said subsection (4) and section 22 of the Planning Act, shall be determined by, such as may be appropriate of those councils ; and (b) any application under Part V of the 1968 Planning Act for listed building consent shall be made and, subject to the said subsection (4) and paragraph 3 of Schedule 5 to that Act, be determined as aforesaid ; but, except in any case or class of cases with respect to which the Greater London Council otherwise direct, each London borough and the Common Council shall cause a copy of every decision made by them on an application mentioned in paragraph (a) or (b) of this subsection to be sent to the Greater London Council, together with a copy of the application and such other information relating thereto and to the decision as the Greater London Council may reasonably require

.

59

In section 24(4),—

• (a) after the words " Planning Act " where first occurring, there shall be inserted the words " and of the 1968 Planning Act (except sections 17 and 18 of that Act) ";

• (b) the reference to sections 45 to 51 of the Act shall be construed as including a reference to Part II of this Act.

60

After the said section 24(4) there shall be inserted the following subsection:—

(4A) The Greater London Council shall as respects any London borough or the City have, concurrently with the local planning authority, the functions of a local planning authority under sections 44 to 53 and 55 of, and Part IV of Schedule 5 to, the 1968 Planning Act ", and references in those provisions to the local planning authority shall be construed accordingly.

61

In section 24(5) and (9) the references to sections 24 to 29 of the Act shall be construed as including references to Part I of this Act.

The Control of Office and Industrial Development Act 1965 (c. 33)

62

In section 8 (provisions as to conditions to be attached to planning permissions under section 6 or 7),—

• (a) in subsection (1), for the words from " or subject to " onwards there shall be substituted the words " or section 85 or 86 of the Town and Country Planning Act 1968, or subject to which planning permission is by virtue of any of those sections or section 87(1) of the said Act of 1968 deemed to have been granted, whether or not it is a condition which could have been imposed apart from this Act or those sections of the said Act of 1968 ";

• (b) in subsection (3), for the words " apart from the provisions of this Part of this Act, and would have been imposed if this Part of this Act had not been enacted " there shall be substituted the words " apart from the provisions of this Part of this Act and sections 85 and 86 of the Town and Country Planning Act 1968 and would have been imposed if this Part of this Act and those sections had not been enacted "; and

• (c) in subsection (4), for the words " under section 46 of the Act of 1962 " there shall be substituted the words " under section 16 of the Town and Country Planning Act 1968 ".

63

Section 9 (enforcement notices relating to land in Greater London) shall be amended as follows:—

• (a) in subsection (3)(a) for the words " section 45(3) of the Act of 1962 " there shall be substituted the words " section 15(4) of the Town and Country Planning Act 1968 ";

• (b) in subsection (3)(6) for the words " section 45(4)(b)" there shall be substituted the words " section 15(5)(b) and (6) ";

• (c) in subsection (4) for the words " section 45(5) of the Act of 1962" there shall be substituted the words " section 15(7) of the Town and Country Planning Act 1968 " ; for the words " section 46(3)" there shall be substituted the words " section 16(3) ",

and for the words " section 45(5) or section 46(3)" there shall be substituted the words " section 15(7) or 16(3) ";

• (d) in subsection (5), for the words " section 46(1) of the Act of 1962 " there shall be substituted the words " section 16(1) of the said Act of 1968 ".

• (e) in subsection (6) for the words " section 46 of the Act of 1962" there shall be substituted the words " section 16 of the Town and Country Planning Act 1968 ; for the words " paragraphs (a) to (c)" there shall be substituted the words " paragraphs (a) and (b) " ; and for the words " section 177(1) of that Act " there shall be substituted the words " section 177(1)(a) of the Act of 1962 ".

64

In section 16 (interpretation of Part I), in subsection (7), for the words from " section 64(2)" onwards there shall be substituted the words " section 16(7) or 18(6) of the Town and Country Planning Act 1968 is deemed to have been made for such planning permission as is mentioned in the said section 16(7) or, as the case may be, the said section 18(6) ".

The Industrial Development Act 1966 (c. 34)

65

In section 22 (requirement of industrial development certificate in certain cases), in subsection (4) for the words from " section 64(2)" onwards there shall be substituted the words " section 16(7) or 18(6) of the Town and Country Planning Act 1968 is deemed to have been made for such planning permission as is mentioned in the said section 16(7) or, as the case may be, the said section 18(6) ".

66

In section 24 (provisions as to conditions of industrial development certificates),—

• (a) in subsection (3), for the words " On an appeal under section 46 of the said Act of 1962 " there shall be substituted file words " On an appeal under section 16 of the Town and Country Planning Act 1968 ";

• (b) in subsection (9)(b), after the word " reference ", where first occurring, there shall be inserted the words " in this section as originally enacted ".

The Land Commission Act 1967 (c. 1)

67

In section 6(3) (conditions precedent to the compulsory purchase of land by the Land Commission) the reference in paragraph (b) to the current development plan shall be construed as a reference to a local plan for the time being applicable to the district and any alterations thereto (including a plan or alterations made available for inspection in pursuance of section 7(2) of this Act, but not yet in force) and the authority's resolutions of adoption or, as the case may be, the Ministers' notices of approval or making of the plan or alterations.

The General Rate Act 1967 (c. 9)

68

In Schedule 1 (rating of unoccupied property), in paragraph 2(c) for the words " is the subject of a building preservation order under section 30 of the Town and Country Planning Act 1962 or is included in a list compiled or approved under section 32 of that Act " there shall be substituted the words " is the subject of a building preservation notice as defined by section 48 of the Town and Country Planning Act 1968 or is included in a list compiled or approved under section 32 of the Town and Country Planning Act 1962 ".

The Civic Amenities Act 1967 (c. 69)

69

In section 1 (preservation of character of areas of special architectural or historic interest), at the end of subsection (5)(a) there shall be inserted the words " or the Planning Act of 1968 ".

70

In section 3 (acts causing or likely to result in damage to listed buildings),—

• (a) in subsection (1), for the words " not being a building of a description specified in section 30(2) of the Planning Act " there shall be substituted the words " not being a building of a description specified in section 41(1) of the Planning Act of 1968 ";

and for the words " that Act " there shall be substituted the words " the Planning Act ";

• (b) in subsection (2), for the words " works of which notice has been given in pursuance of section 33 of that Act or which are lawful by subsection (2) of that section " there shall be substituted the words " works for which listed building consent has been given under Part V of the Planning Act of 1968 ".

71

Section 8 (management of buildings acquired under section 69 of Planning Act) shall be amended as follows :—

• (a) in subsection (1), for the words " under section 69(1) or section 71(1)(b) of the Planning Act " there shall be substituted the words " under section 71(1)(b) of the Planning Act or section 50(1) of the Planning Act of 1968 ";

• (b) in subsection (2), for the words " section 69(2) of the Planning Act " there shall be substituted the words " section 50(2) of the Planning Act of 1968 ";

• (c) in subsection (3)(b), after the word " references " (where first occurring) there shall be inserted the words " in this section as originally enacted ".

72

In section 14 (default powers and appeals in relation to replacement of trees), in subsection (3) for the words " subsections (2) to (5) of section 46 " there shall be substituted the words " section 16(2), (3) and (4)(a) of the Planning Act of 1968 and so much of section 16(5) of that Act as enables the Minister to give directions ".

73

In section 16 (power of local planning authority to make tree preservation order with immediate effect)—

• (a) in subsection (1), the words " by the Minister " shall be omitted; and

• (b) for subsections (2) and (3) there shall be substituted the following subsections:—

(2) Notwithstanding section 29(4) of the Planning Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein and shall continue in force by virtue of this section until— (a) the expiration of a period of six months beginning with the date on which the order was made ; or (b) the date on which the order is confirmed or, in the case of an order which can be confirmed only by the Minister, on which he notifies the authority who made the order that he does not propose to confirm it; whichever first occurs. (3) Provision shall be made by regulations under the Planning Act for securing— (a) that the notices to be given of the making of a tree preservation order containing a direction under this section shall include a statement of the effect of the direotion ; and (b) that where the Minister, in the case of an order which can be confirmed only by him, within the period of six months referred to in subsection (2) above, notifies the authority that he does not propose to confirm the order, copies of that notice shall be served on the owners and occupiers of the land to which the order related.

74

In section 30 (interpretation), in subsection (1), after the definition of " the Planning Act " there shall be inserted the following :—

• ' the Planning Act of 1968 ' means the Town and Country Planning Act 1968

.

The Leasehold Reform Act 1967 (c. 88)

75

In section 28(6) (description of development which, if proposed to be undertaken by a local authority, public or other body, may restrict the rights under the Act of tenants of the land affected) for the words from " in order to secure " to " comprehensive development " there shall be substituted the following:—

in order to secure— (a) the development or re-development of an area defined by a development plan under the Town and Country Planning Act 1962 as an area of comprehensive development; or (b) the treatment as a whole, by development, redevelopment, or improvement, or partly by one and partly by another method, of any area in which the property is situated

.

SCHEDULE 10

Development plans

1

Until the repeal of Part II of the principal Act and, where applicable, section 25 of the London Government Act 1963 as respects any district (whether the whole or part of the area of a local planning authority), proposals for any alterations or additions to a development plan in force in the area consisting of or comprising that district shall not without the approval of the Minister be submitted to him under section 6 of the principal Act or under section 26 of the said Act of 1963.

2

On the repeal of the said Part II and, where applicable, the said section 25 as respects any district, the development plan which was in force in the area consisting of or comprising that district immediately before the repeal takes effect (hereafter in this Schedule referred to as " the old development plan ") shall, subject to the following provisions of this Schedule, continue in force as respects that district and be treated for the purposes of the principal Act, this Act, any other enactment relating to town and country planning, the Land Compensation Act 1961 and the Land Commission Act 1967 as being comprised in, or as being, the development plan therefor.

3

Subject to the following provisions of this Schedule, where by virtue of paragraph 2 above the old development plan for any district is treated as being comprised in a development plan for that district and there is a conflict between any of its provisions and those of the structure plan for that district, the provisions of the structure plan shall be taken to prevail for the purposes of Part III, IV, V, VI and VIII of the principal Act, Parts II and VI of this Act and Schedule 5 to this Act.

4

Where a structure plan is in force in any district, but no local plan is in force in that district, a street authorisation map prepared in pursuance of the Town and Country Planning (Development Plans) Regulations 1965 or the Town and Country Planning (Development Plans for Greater London) Regulations 1966 for any area consisting of or comprising that district shall—

• (a) if in force immediately before the structure plan comes into force be treated for the purposes of this Act as having been adopted as a local plan by the local planning authority ;

• (b) if immediately before the structure plan comes into force it was under consideration by the Minister be treated for those purposes as having been so adopted on being approved by the Minister.

5

Where a structure plan is in force in any district, but no local plan is in force in that district, then, for any of the purposes of the Land Compensation Act 1961,—

• (a) the development plan or current development plan shall as respects that district be taken as being whichever of the following plans gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, that is to say, the structure plan, so far as applicable to the district, and any alterations thereto, together with the Minister's notice of approval of the plan and alterations, and the old development plan ;

• (b) land situated in an area defined in the current development plan as an area of comprehensive development shall be taken to be situated in whichever of the following areas leads to such assumptions as aforesaid, that is to say, any area wholly or partly within that district selected by the structure plan as an action area and the area so defined in the old development plan.

6

Subject to paragraph 7 below, the Minister may by order wholly or partly revoke a development plan continued in force under this Schedule whether in its application to the whole of the area of a local planning authority or in its application to part of that area and make such consequential amendments to the plan as appear to him to be necessary or expedient.

7

Before making an order with respect to a development plan under paragraph 6 above, the Minister shall consult with the local planning authority for the area to which the plan relates or, where the area is a London borough, with the council of that borough and the Greater London Council.

8

Any reference in the foregoing provisions of this Schedule to a development plan shall as respects any district in Greater London, be construed as a reference to the initial development plan within the meaning of section 25 of the London Government Act 1963, the Greater London development plan and any development plan prepared for the area consisting of or comprising that district by the council of the relevant London borough.

9

Any reference in paragraphs 1 and 2 above to the repeal of Part II of the principal Act or section 25 of the London Government Act 1963 shall, in a case where that repeal is brought by an order under section 105 of this Act into operation on different days, be construed as a reference to a repeal of such of the provisions of the said Part II or the said section 25 as may be specified in the order.

Enforcement of planning control

10

• (1) References in this Act to an enforcement notice shall be construed as not including references to an enforcement notice served, before the commencement of Part II of this Act, under section 45 of the principal Act, or having effect by virtue of paragraph 11 or 12 of Schedule 13 to the principal Act, or paragraph 1 or 17 of Schedule 14 to that Act.

• (2) In relation to an enforcement notice so served, the provisions of the principal Act, and of any other Act passed before this Act, shall continue to apply as if this Act had not been passed.

• (3) Nothing in this paragraph shall prevent the withdrawal, after the said commencement, of an enforcement notice so served or the service thereafter of an enforcement notice under Part II of this Act.

11

Section 9 of the Control of Offices and Industrial Development Act 1965 shall, in relation to an enforcement notice served before the commencement of Part II of this Act, have effect as originally enacted and not as amended by paragraph 63 of Schedule 9 to this Act.

12

The amendment of section 14 of the Civic Amenities Act 1967 which is made by paragraph 72 of Schedule 9 to this Act shall not have effect in relation to a notice served under that section before the commencement of Part II of this Act.

Acquisition of land

13

Sections 27 to 29 of this Act shall not apply to any land the acquisition of which was, immediately before the commencement of those sections, authorised by a compulsory purchase order made by a local authority or statutory undertakers or by a Minister, or was then proposed to be authorised by such an order which had not been confirmed by a Minister or, as the case may be, had been prepared in draft by a Minister, but with respect to which a notice had then been published in accordance with paragraph 3(1)(a) of Schedule 1 to the Act of 1946.

14

Section 30 of this Act shall not apply to the compulsory acquisition of land with respect to which a compulsory purchase order was in force before the commencement of that section.

15

In relation to a notice served under section 139 of the principal Act before the commencement of section 33 and 34 of this Act, and to any hereditament or agricultural unit which is the subject of the notice, sections 140 to 151 of the principal Act shall, after that commencement, have effect without any of the amendments made by Part IV of this Act.

16

• (1) Notwithstanding any amendment by this Act of sections 138 to 151 of the principal Act, the description of land contained in section 138(1)(b) of that Act (land allocated by a development plan for the purposes of a government department, etc.) shall continue as one of the specified descriptions for the purposes of those sections in their application to any district to which this paragraph applies.

• (2) This paragraph applies to any district for which no local plan is in force under Part I of this Act—

• (a) allocating any land in the district for the purposes of such functions as are mentioned in section 33(1)(a) of this Act; or

• (b) defining any land in the district as the site of proposed development for the purposes of any such functions.

• (3) To the extent that section 138(1)(b) of the principal Act survives by virtue of this paragraph and for so long as it does so, the amendment by this Act of section 139(3)(a) of that Act (definition of " relevant date " by reference to section 138(1)(b)) shall be treated as not displacing the reference in that paragraph to section 138(1)(b).

17

The validity of a compulsory purchase order made under section 67, 68 or 69 of the principal Act shall not be affected by the repeal of that section ; and a compulsory purchase order made (but not confirmed), or made in draft, before the repeal of that section took effect may be confirmed or made thereunder as if this Act had not been passed.

Buildings of architectural or historic interest

18

• (1) Where, before the commencement of Part V of this Act, consent under a building preservation order has been given, either by the local planning authority or by the Minister on appeal, for the execution of any works, the consent shall operate in respect of those works as listed building consent, subject to the same conditions (if any) as were attached to the consent under the building preservation order.

• (2) In the case of demolition works for which consent has been given under a building preservation order compliance with section 40(4)(b) of this Act shall not be required.

19

Where, before the commencement of Part V of this Act an application has been made for consent under a building preservation order for any works, any proceedings pending at the commencement of Part V of this Act and arising out of the application (including any appeal) may be continued and disposed of under and in accordance with title provisions of Part V of this Act corresponding to provisions of the building preservation order as to the making of applications, the decision of the local planning authority thereon and appeals to the Minister against the said decision.

20

The repeal by this Act of section 30 of the principal Act shall not prevent a council from taking such proceedings as could have been taken to enforce any building preservation order made under that section and for securing the restoration of a building to its former state as could have been taken but for the repeal; and in relation to any such proceedings the provisions of the order and of any provisions of the principal Act incorporated therein, shall continue to have the same effect as if this Act had not been passed.

The National Coal Board

21

The provisions of Part X of the principal Act applied by regulations under section 204(1) of that Act in relation to the National Coal Board and land of that Board shall, until the coming into operation of the first regulations made under that subsection after the commencement of sections 69 to 71 of this Act, continue to have effect as so applied as if those sections had not been enacted.

SCHEDULE 11