Town and Country Planning Act 1971

• (b) for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.

• (2) Any planning permission granted subject to such a condition as is mentioned in subsection (1)(b) of this section is in this Act referred to as "planning permission granted for a limited period".

• (3) Where—

• (a) planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition (not being a condition attached to the planning permission by or under section 41 or 42 of this Act); and

• (b) any building or other operations are commenced after the time so specified,

the commencement and carrying out of those operations do not constitute development for which that permission was granted.

Directions etc. as to method of dealing with applications

31

• (1) Subject to the provisions of section 29(2) to (5) of this Act, provision may be made by a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by local planning authorities, and in particular—

• (a) for enabling the Secretary of State to give directions restricting the grant of planning permission by the local planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

• (b) for authorising the local planning authority, in such cases and subject to such conditions as may be prescribed by the order, or by directions given by the Secretary of State thereunder, to grant planning permission for development which does not accord with the provisions of the development plan;

• (c) for requiring the local planning authority, before granting or refusing planning permission for any development, to consult with such authorities or persons as may be prescribed by the order or by directions given by the Secretary of State thereunder ;

• (d) for requiring the local planning authority to give to any applicant for planning permission, 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;

• (e) for requiring the local planning authority to give to the Secretary of State, 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 planning permission made to the authority, including information as to the manner in which any such application has been dealt with.

• (2) The Secretary of State may give directions to local planning authorities with respect to the matters which they are to take into consideration in determining an application to which section 28 of this Act applies and with respect to the consultations which such authorities are to undertake before determining any such application.

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

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

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

• (c) to establish committees, consisting either of members of the authority or of other persons, or of both, to advise the authority in relation to the determination of any application referred to in subsection (2) of this section.

Permission to retain buildings or works or continue use of land

32

• (1) An application for planning permission may relate to buildings or works constructed or carried out, or a use of land instituted, before the date of the application, whether—

• (a) the buildings or works were constructed or earned out, or the use instituted, without planning permission or in accordance with planning permission granted for a limited period; or

• (b) the application is for permission to retain the buildings or works, or continue the use of the land, without complying with some condition subject to which a previous planning permission was granted.

• (2) Any power to grant planning permission to develop land under this Act shall include power to grant planning permission for the retention on land of buildings or works constructed or carried out, or for the continuance of a use of land instituted, as mentioned in subsection (1) of this section; and references in this Act to planning permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly:

Provided that this subsection shall not affect the construction of section 26, 28, 29(2) or (4) or 59, of sections 66 to 86 or of Part VII of this Act.

• (3) Any planning permission granted in accordance with subsection (2) of this section may be granted so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or (in the case of buildings or works constructed or a use instituted in accordance with planning permission granted for a limited period) so as to take effect from the end of that period, as the case may be.

Provisions as to effect of planning permission

33

• (1) Without prejudice to the provisions of this Part of this Act as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested therein.

• (2) Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.

Registers of applications and decisions

34

• (1) Every local planning authority shall keep, in such manner as may be prescribed by a development order, a register containing such information as may be so prescribed with respect to applications for planning permission made to that authority, including information as to the manner in which such applications have been dealt with.

• (2) A development order may make provision for the register to be kept in two or more parts, each part containing such information relating to applications for planning permission made to the authority as may be prescribed by the order, and may also make provision—

• (a) for a specified part of the register to contain copies of applications and of any plans or drawings submitted therewith; and

• (b) for the entry relating to any application, and every thing relating thereto, to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of, without prejudice to the inclusion- of any different entry relating thereto in another part of the register.

• (3) Every register kept under this section shall be available for inspection by the public at all reasonable hours.

Secretary of State's powers in relation to planning applications and decisions

Reference of applications to Secretary of State

35

• (1) The Secretary of State may give directions requiring applications for planning permission, or for the approval of any local planning authority required under a development order, to be referred to him instead of being dealt with by local planning authorities.

• (2) A direction under this section—

• (a) may be given either to a particular local planning authority or to local planning authorities generally; and

• (b) may relate either to a particular application or to applications of a class specified in the direction.

• (3) Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

• (4) Subject to subsection (5) of this section, where an application for planning permission is referred to the Secretary of State under this section, the following provisions of this Act, that is to say, sections 26(2) and (7), 27, 29(1) to (3) and 30(1), shall apply, with any necessary modifications, as they apply to an application for planning permission which falls to be determined by the local planning authority.

• (5) Before determining an application referred to him under this section, other than an application for planning permission referred to a Planning Inquiry Commission under section 48 of this Act, the Secretary of State 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 Secretary of State for the purpose.

• (6) The decision of the Secretary of State on any application referred to him under this section shall be final.

Appeals against planning decisions

36

• (1) Where an application is made to a local planning authority for planning permission to develop land, or for any approval of that authority required under a development order, and that permission or approval is refused by that authority or is granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may by notice under this section appeal to the Secretary of State.

• (2) Any notice under this section shall be served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as may be prescribed by a development order.

• (3) Where an appeal is brought under this section from a decision of a local planning authority, the Secretary of State, subject to the following provisions of this section, may allow or dismiss the appeal, or may reverse or vary any part of the decision of the local planning authority, whether the appeal relates to that part thereof or not, and may deal with the application as if it had been made to him in the first instance.

• (4) Before determining an appeal under this section, other than an appeal referred to a Planning Inquiry Commission under section 48 of this Act, the Secretary of State 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 Secretary of State for the purpose.

• (5) Subject to subsection (4) of this section, the following provisions of this Act, that is to say, sections 27, 29(1) and (3) and 30(1) shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under this section as they apply in relation to an application for planning permission which falls to be determined by the local planning authority.

• (6) The decision of the Secretary of State on any appeal under this section shall be final.

• (7) If before or during the determination of an appeal under this section in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 29(1), 30(1), 67 and 74 of this Act and of the development order and to any directions given under that order, planning permission for that development—

• (a) could not have been granted by the local planning authority; or

• (b) could not have been granted by them otherwise than subject to the conditions imposed by them,

he may decline to determine the appeal or to proceed with the determination.

• (8) Schedule 9 to this Act applies to appeals under this section, including appeals under this section as applied by or under any other provision of this Act.

Appeal in default of planning decision

37

Where an application is made to a local planning authority for planning permission, or for any approval of that authority required under a development order, then unless within such period as may be prescribed by the development order, or within such extended period as may at any time be agreed upon in writing between the applicant and the local planning authority, the local planning 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 Secretary of State in accordance with directions given under section 35 of this Act,

the provisions of section 36 of this Act shall apply in relation to the application as if the permission or approval to which it relates had been refused by the local planning authority, and as if notification of their decision had been received by the applicant at the end of the period prescribed by the development order, or at the end of the said extended period, as the case may be.

Review of planning decisions where compensation claimed

38

• (1) The provisions of this section and of section 39 of this Act shall have effect where, in accordance with the provisions of Part VII of this Act; one or more claims for compensation in respect of a planning decision have been transmitted to the Secretary of State, and the claim, or (if there is more than one) one or more of the claims, has not been withdrawn.

• (2) If, in the case of a planning decision of the local planning authority, it appears to the Secretary of State that, if the application for permission to develop the land in question had been referred to him for determination, he would have made a decision more favourable to the applicant, the Secretary of State may give a direction substituting that decision for the decision of the local planning authority.

• (3) If, in any case, it appears to the Secretary of State that planning permission could properly be granted (either unconditionally or subject to certain conditions) for some development of the land in question other than the development to which the application for planning permission related, the Secretary of State may give a direction that the provisions of this Act shall have effect in relation to that application and to the planning decision—

• (a) as if the application had included an application for permission for that other development, and the decision had included the grant of planning permission (unconditionally or subject to the said conditions, as the case may be) for that development; or

• (b) as if the decision had been a decision of the Secretary of State and had included an undertaking to grant planning permission (unconditionally or subject to the said conditions, as the case may be) for that development,

as may be specified in the direction.

• (4) The reference in subsection (2) of this section to a decision more favourable to the applicant shall be construed—

• (a) in relation to a refusal of permission, as a reference to a decision granting the permission, either unconditionally or subject to conditions, and either in respect of the whole of the land to which the application for permission related or in respect of part of that land; and

• (b) in relation to a grant of permission subject to conditions, as a reference to a decision granting the permission applied for unconditionally or subject to less stringent conditions.

Provisions supplementary to s.38

39

• (1) Before giving a direction under section 38 of this Act the Secretary of State shall give notice in writing of his proposed direction to the local planning authority to whose decision that direction relates, and to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision; and, if so required by the local planning authority or by any such person, shall afford to each of them an opportunity to appear before, and be heard by, a person appointed by the Secretary of State for the purpose.

• (2) In giving any direction under section 38 of this Act, the Secretary of State shall have regard to the provisions of the development plan for the area in which the land in question is situated, in so far as those provisions are material to the development of that land, and shall also have regard to the local circumstances affecting the proposed development, including the use which prevails generally in the case of contiguous or adjacent land, and to any other material considerations.

• (3) Where the Secretary of State gives a direction under section 38 of this Act, he shall give notice of the direction to the local planning authority to whose decision the direction relates, and to every person (if any) who made, and has not since withdrawn, a claim for compensation in respect of that decision.

Deemed planning permission

Development by local authorities and statutory undertakers with authorisation of government department

40

• (1) Where the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority, that department may, on granting that authorisation, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the directions.

• (2) The provisions of this Act (except Parts VII and XII thereof) shall apply in relation to any planning permission deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 35 of this Act.

• (3) For the purposes of this section development shall be taken to be authorised by a government department if—

• (a) any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;

• (b) a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;

• (c) consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose ;

• (d) authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or

• (e) any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

and references in this section to the authorisation of a government department shall be construed accordingly.

Duration of planning permission

Limit of duration of planning permission

41

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

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

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

• (2) If planning permission is granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of five years beginning with the date of the grant.

• (3) Nothing in this section applies—

• (a) to any planning permission granted by a development order;

• (b) to any planning permission granted for a limited period ;

• (c) to any planning permission granted under section 32 of this Act on an application relating to buildings or works completed, or a use of land instituted, before the date of the application ; or

• (d) to any outline planning permission, as defined by section 42 of this Act.

Outline planning permission

42

• (1) In this section and section 41 of this Act " outline planning permission" means planning permission granted, in accordance with the provisions of a development order, with the reservation for subsequent approval by the local planning authority or the Secretary of State of matters (referred to in this section as "reserved matters") not particularised in the application.

• (2) Subject to the provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the following effect—

• (a) that, in the case of any reserved matter, application for approval must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission ; and

• (b) that the development to which the permission relates must be begun not later than whichever is the later of the following dates—

• (i) the expiration of five years from the date of the grant of outline planning permission; or

• (ii) the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

• (3) If outline planning permission is granted without the conditions required by subsection (2) of this section, it shall be deemed to have been granted subject to those conditions.

• (4) The authority concerned with the terms of an outline planning permission may, in applying subsection (2) of this section, substitute, or direct that there be substituted, for the periods of three years, five years or two years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.

• (5) The said authority may, in applying the said subsection, specify, or direct that there be specified, separate periods under paragraph (a) of the subsection in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) of the subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.

• (6) In considering whether to exercise their powers under subsections (4) and (5) of this section, the said authority shall have regard to the provisions of the development plan and to any other material considerations.

Provisions supplementary to ss.41 and 42

43

• (1) For the purposes of sections 41 and 42 of this Act, development shall be taken to be begun on the earliest date on which any specified operation comprised in the development begins to be carried out.

• (2) In subsection (1) of this section "specified operation" means any of the following, that is to say—

• (a) any work of construction in the course of the erection of a building ;

• (b) the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

• (c) the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in the last preceding paragraph;

• (d) any operation in the course of laying out or constructing a road or part of a road;

• (e) any change in the use of any land, where that change constitutes material development.

• (3) In subsection (2) (e) of this section " material development " means any development other than—

• (a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted ;

• (b) development falling within any of paragraphs 1, 2, 3 and 5 to 8 of Schedule 8 to this Act, as read with part III of that Schedule; and

• (c) development of any class prescribed for the purposes of this subsection;

and in this subsection "general development order" means a development order made as a general order applicable (subject to such exceptions as may be specified therein) to all land in England and Wales.

• (4) The authority referred to in sections 41(1)(b) and 42(4) of this Act is the local planning authority or the Secretary of State, in the case of planning permission granted by them, and in the case of planning permission under section 40 of this Act is the department on whose direction planning permission is deemed to be granted.

• (5) For the purposes of section 42 of this Act, a reserved matter shall be treated as finally approved when an application for approval is granted or, in a case where the application is made to the local planning authority and there is an appeal to the Secretary of State against the authority's decision on the application and the Secretary of State grants the approval, on the date of the determination of the appeal.

• (6) Where a local planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of sections 41 or 42 of this Act to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 36 of this Act against the decision of the authority.

• (7) In the case of planning permission (whether outline or other) having conditions attached to it by or under section 41 or 42 of this Act—

• (a) development carried out after the date by which the conditions of the permission require it to be carried out shall be treated as not authorised by the permission; and

• (b) an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.

Termination of planning permission by reference to time limit

44

• (1) The following provisions of this section shall have effect where, by virtue of section 41 or 42 of this Act, a planning permission is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period and that development has been begun within that period but the period has elapsed without the development having been completed.

• (2) 'If the local planning authority are of opinion that the development will not be completed within a reasonable period, they may serve a notice (in this section referred to as a " completion notice ") stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice, being a period of not less than twelve months after the notice takes effect.

• (3) A completion notice—

• (a) shall be served on the owner and on the occupier of the land and on any other person who in the opinion of the local planning authority will be affected by the notice; and

• (b) shall take effect only if and when it is confirmed by the Secretary of State, who may in confirming it substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.

• (4) If, within such period as may be specified in a completion notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, 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 Secretary of State for the purpose.

• (5) If a completion notice takes effect, the planning permission therein referred to shall at the expiration of the period specified in the notice, whether the original period specified under subsection (2) of this section or a longer period substituted by the Secretary of State under subsection (3) of this section, be invalid except so far as it authorises any development carried out thereunder up to the end of that period.

• (6) The local planning authority may withdraw a completion notice at any time before the expiration of the period specified therein as the period at the expiration of which the planning permission is to cease to have effect; and if they do so they shall forthwith give notice of the withdrawal to every person who was served with the completion notice.

Revocation or modification of planning permission

Power to revoke or modify planning permission

45

• (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 any permission to develop land granted on an application made under this Part of this Act, the authority, subject to the following provisions of this section, may by order revoke or modify the permission to such extent as (having regard to those matters) they consider expedient.

• (2) Except as provided in section 46 of this Act, an order under this section shall not take effect unless it is confirmed by the Secretary of State; and the Secretary of State 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 Secretary of State for his confirmation under this section, the authority shall serve notice on the owner and on the occupier of the land 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 from the service thereof) any person on whom the notice is served so requires, the Secretary of State, 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 Secretary of State for the purpose.

• (4) The power conferred by this section to revoke or modify permission to develop land may be exercised—

• (a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed;

• (b) where the permission relates to a change of the use of any land, at any time before the change has taken place:

Provided that the revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.

Unopposed revocation or modification

46

• (1) The following provisions shall have effect where the local planning authority have made an order under section 45 of this Act but have not submitted the order to the Secretary of State for confirmation by him, and—

• (a) the owner and the 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 section 164 of this Act on account of the order.

• (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 being 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 Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose; and

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

• (3) The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(a) of this section, and the notice shall include a statement to the effect that no compensation is payable under section 164 of this Act in respect of an order under section 45 of this Act which takes effect by virtue of this section and without being confirmed by the Secretary of State.

• (4) The authority shall send a copy of any advertisement published under subsection (2) of this section to the Secretary of State, not more than three days after the publication.

• (5) If within the period referred to in subsection (2) (a) of this section no person claiming to be affected by the order has given notice to the Secretary of State as aforesaid, and the Secretary of State has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in subsection (2)(b) of this section, take effect by virtue of this section and without being confirmed by the Secretary of State as required by section 45(2) of this Act.

• (6) This section does not apply to an order revoking or modifying a planning permission granted or deemed to have been granted by the Secretary of State under this Part of this Act or under Part IV or V thereof; nor does it apply to an order modifying any conditions to which a planning permission is subject by virtue of section 41 or 42 of this Act.

Reference of certain matters to Planning Inquiry Commission or independent tribunal

Constitution of Planning Inquiry Commission

47

• (1) The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under section 48 of this Act.

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

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

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

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

• A Planning Inquiry Commission constituted under Part III of the Town and Country Planning Act 1971

.

• (6) The " Secretary of State ", in relation to any matter affecting both England and Wales, means in subsections (1) and (2) of this section the Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales acting jointly, and in subsection (3) of this section one of those Secretaries of State authorised by the other to act on behalf of both of them for the purposes of that subsection.

References to a Planning Inquiry Commission

48

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

• (a) an application for planning permission which the Secretary of State has under section 35 of this Act directed to be referred to him instead of being dealt with by a local planning authority;

• (b) an appeal under section 36 of this Act (including that section as applied by or under any other provision of this Act);

• (c) a proposal that a government department should give a direction under section 40 of this Act that planning permission shall be deemed to be granted for development by a local authority or by statutory undertakers which is required by any enactment to be authorised by that department;

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

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

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

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

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

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

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

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

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

• (b) thereafter, if the applicant, in the case of a matter mentioned in subsection (1)(a), (b) or (c) of this section, or the local planning authority in any case so desire, afford to each of them, and, in the case of an application or appeal mentioned in the said subsection (1)(a) or (b), to any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 29 (2) or (3) of this Act, an opportunity of appearing before and being heard by one or more members of the commission;

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

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

In this subsection "the Secretary of State", in relation to any matter affecting both England and Wales, means the Secretary of State for the time being having general responsibility in planning matters in relation to England or the Secretary of State for the time being having such responsibility in relation to Wales acting, by arrangements between the two of them, on behalf of both.

• (8) Schedule 10 to this Act shall have effect for the construction of references in this section and in section 49 of this Act to " the responsible Minister or Ministers ".

Procedure on reference to a Planning Inquiry Commission

49

• (1) A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time and a reference of any other matter mentioned in section 48 of this Act may be made at any time before, but not after, the determination of the relevant application referred under section 35 of this Act or the relevant appeal under section 36 of this Act or, as the case may be, the giving of the relevant direction under section 40 of this Act, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

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

• (a) in the case of an application for planning permission referred under section 35 of this Act or an appeal under section 36 of this Act, on the applicant and any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 29 (2) or (3) of this Act;

• (b) in the case of a proposal that a direction should be given under section 40 of this Act with respect to any development, on the local authority or statutory undertakers applying for authorisation to carry out that development.

• (3) A Planning Inquiry Commission shall, for the purpose of complying with section 48(6)(b) of this Act, hold a local inquiry; and they may hold such an inquiry, if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority desire an opportunity of appearing and being heard.

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

• (5) An inquiry held by such a commission under this section shall be treated for the purposes of the Tribunals and Inquiries Act 1971 as one held by a Minister in pursuance of a duty imposed by a statutory provision.

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

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

Appeal to independent tribunal

50

• (1) Provision may be made by a development order for securing that, in the case of decisions of a local planning authority of such classes as may be prescribed by the order, being decisions relating to the design or external appearance of buildings or other similar matters, any appeal under section 36 of this Act shall lie to an independent tribunal constituted in accordance with the provisions of that order, instead of being an appeal to the Secretary of State; and in relation to any such appeal the provisions of that section (except subsections (7) and (8) and, in subsection (5) thereof, the references to sections 27 and 29(3) of this Act) and the provisions of section 37 of this Act shall apply, subject to such adaptations and modifications as may be specified in the order, as they apply in relation to appeals to the Secretary of State under the said section 36.

• (2) If any tribunal is constituted in accordance with subsection (1) of this section, the Secretary of State may pay to the chairman and members of the tribunal such remuneration, whether by way of salaries or by way of fees, and such reasonable allowances in respect of expenses properly incurred in the performance of their duties, as the Minister for the Civil Service may determine.

Additional powers of control

Orders requiring discontinuance of use or alteration or removal of buildings or works

51

• (1) If it appears to a local planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity), regard being had to the development plan and to any other material considerations—

• (a) that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or

• (b) that any buildings or works should be altered or removed,

the local planning authority may by order require the discontinuance of that use, or impose such conditions as may be specified in the order on the continuance thereof, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be.

• (2) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order; and the provisions of section 45 of this Act shall apply in relation to any planning permission granted by an order under this section as they apply in relation to planning permission granted by the local planning authority on an application made under this Part of this Act.

• (3) The power conferred by subsection (2) of this section shall include power, by an order under this section, to grant planning permission, subject to such conditions as may be specified in the order—

• (a) for the retention, on the land to which the order relates, of buildings or works constructed or carried out before the date on which the order was submitted to the Secretary of State ; or

• (b) for the continuance of a use of that land instituted before that date;

and subsection (3) of section 32 of this Act shall apply to planning permission granted by virtue of this subsection as it applies to planning permission granted in accordance with subsection (2) of that section.

• (4) An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

• (5) The power of the Secretary of State under this section to confirm an order subject to modifications shall include power—

• (a) to modify any provision of the order granting planning permission, as mentioned in subsection (2) or subsection (3) of this section ;

• (b) to include in the order any grant of planning permission which might have been included in the order as submitted to the Secretary of State.

• (6) Where a local planning authority submit an order to the Secretary of State for his confirmation under this section, that authority shall serve notice on the owner and oh the occupier of the land affected, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, 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 Secretary of State for the purpose.

• (7) Where an order under this section has been confirmed by the Secretary of State, the local planning authority shall serve a copy of the order on the owner and occupier of the land to which the order relates.

• (8) Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the local planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.

• (9) In the case of planning permission granted by an order under this section, the authority referred to in sections 41 (1)(b) and 42(4) of this Act is the local planning authority making the order or, where the Secretary of State in confirming the order exercises his powers under subsection (5) of this section, the Secretary of State.

Agreements regulating development or use of land

52

• (1) A local planning authority may enter into an agreement with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement; and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the local planning authority to be necessary or expedient for the purposes of the agreement.

• (2) An agreement made under this section with any person interested in land may be enforced by the local planning authority against persons deriving title under that person in respect of that land, as if the local planning authority were possessed of adjacent land and as if the agreement had been expressed to be made for the benefit of such land

• (3) Nothing in this section or in any agreement made thereunder shall be construed—

• (a) as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan ; or

• (b) as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a) of this subsection.

• (4) The power of a local planning authority to make agreements under this section may be exercised also—

• (a) in relation to land in a county district, by the council of that district;

• (b) in relation to land in the area of a joint planning board, by the council of the county or county borough in which the land is situated,

and references in this section to a local planning authority shall be construed accordingly.

Determination whether planning permission required

Applications to determine whether planning permission required

53

• (1) If any person who proposes to carry out any operations on land, or to make any change in the use of land, wishes to have it determined whether the carrying out of those operations, or the making of that change, would constitute or involve development of the land, and, if so, whether an application for planning permission in respect thereof is required under this Part of this Act, having regard to the provisions of the development order, he may, either as part of an application for planning permission, or without any such application, apply to the local planning authority to determine that question.

• (2) The provisions of sections 24, 29(1), 31(1), 34(1) and (3) and 35 to 37 of this Act shall, subject to any necessary modifications, apply in relation to any application under this section, and to the determination thereof, as they apply in relation to applications for planning permission and to the determination of such applications.

PART IV — Additional Control in Special Cases

Buildings of special architectural or historic interest

Lists of buildings of special architectural or historic interest

54

• (1) For the purposes of this Act and with a view to the guidance of local planning authorities in the performance of their functions under this Act in relation to buildings of special architectural or historic interest, the Secretary of State shall compile lists of such buildings, or approve, with or without modifications, such lists compiled by other persons or bodies of persons, and may amend any list so compiled or approved.

• (2) In considering whether to include a building in a list compiled or approved under this section, the Secretary of State may take into account not only the building itself but also—

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

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

• (3) Before compiling or approving, with or without modifications, any list under this section, or amending any list thereunder the Secretary of State shall consult with such persons or bodies of persons as appear to him appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.

• (4) As soon as may be after any list has been compiled or approved under this section, or any amendments of such a list have been made, a copy of so much of the list as relates to any county borough, London borough or county district, or of so much of the amendments as relates thereto, as the case may be, certified by or on behalf of the Secretary of State to be a true copy thereof, shall be deposited with the clerk of the council of that borough or district, and also, where that council is not the local planning authority, with the clerk of the local planning authority.

• (5) A copy of anything required by subsection (4) of this section to be deposited with the clerk of a London borough shall be deposited also with the clerk of the Greater London Council.

• (6) Any copy deposited under subsection (4) of this section shall be registered in the register of local land charges in such manner as may be prescribed by rules made for the purposes of this section under section 15(6) of the Land Charges Act 1925 by the proper officer of the council of the county borough, London borough or county district.

• (7) As soon as may be after the inclusion of any building in a list under this section, whether on the compilation or approval of the list or by the amendment thereof, or as soon as may be after any such list has been amended by the exclusion of any building therefrom, 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 Secretary of State, shall serve a notice in the prescribed form on every owner and occupier of the building, stating that the building has been included in, or excluded from, the list, as the case may be.

• (8) The Secretary of State shall keep available for public inspection, free of charge at reasonable hours and at a convenient place, copies of all lists and amendments of lists compiled, approved or made by him under this section ; and every authority with whose clerk copies of any list or amendments are deposited under this section shall similarly keep available copies of so much of any such list or amendment as relates to buildings within their area.

• (9) In this Act " listed building" means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; and, for the purposes of the provisions of this Act relating to listed buildings and building preservation notices, any object or structure fixed to a building, or forming part of the land and comprised within the curtilage of a building, shall be treated as part of the building.

• (10) Every building which immediately before 1st January 1969 was subject to a building preservation order under Part III of the Act of 1962 but was not then included in a list compiled or approved under section 32 of that Act, shall be deemed to be a listed building; but the Secretary of State may at any time direct, in the case of any building, that this subsection shall no longer apply to it and the council of the county borough, London borough or county district in whose area the building is situated, on being notified of the Secretary of State's direction, shall give notice of it to the owner and occupier of the building.

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

Control of works for demolition, alteration or extension of listed buildings

55

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

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

• (a) the local planning authority or the Secretary of State have granted written consent (in this Act referred to as " listed building consent") for the execution of the works and the works are executed in accordance with the terms of the consent and of any conditions attached to the consent under section 56 of this Act; and

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

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

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

• (3) In subsection (2) of this section " the Royal Commission " means, in relation to England, the Royal Commission on Historical Monuments (England) and, in relation to Wales, the Royal Commission on Ancient and Historical Monuments (Wales and Monmouthshire); but the Secretary of State may, in relation to either England or Wales, or both, by order provide that the said subsection shall, in the case of works executed or to be executed on or after such date as may be specified in the order, have effect with the substitution for the reference to the Royal Commission of a reference to such other body as may be so specified.

• (4) Without prejudice to subsection (1) of this section, if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent under section 56 of this Act, he shall be guilty of an offence.

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

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

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

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

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

Provisions supplementary to s.55

56

• (1) Section 55 of this Act shall not apply to works for the demolition, alteration or extension of—

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

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

• (c) a building for the time being included in a list of monuments published by the Secretary of State under any such enactment.

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

• (2) Where, on an application in that behalf, planning permission is granted, or has been granted since the end of 1968, and—

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

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

the planning permission shall operate as listed building consent in respect of those works but, except as provided by this subsection, the grant of planning permission for any development shall not make it unnecessary for such consent to be obtained in respect of any works to which section 55 of this Act applies.

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

• (4) Without prejudice to subsection (1) of section 29 of this Act, the conditions which may under that subsection be attached to a grant of planning permission shall, in the case of such development as is referred to in subsection (2) of this section, include conditions with respect to—

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

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

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

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

• (6) Part I of Schedule 11 to this Act shall have effect with respect to applications to local planning authorities for listed building consent, the reference of such applications to the Secretary of State and appeals against decisions on such applications ; and Part II of that Schedule shall have effect with respect to the revocation of listed building consent by a local planning authority or the Secretary of State.

Acts causing or likely to result in damage to listed buildings

57

• (1) Where a building, not being a building excluded by section 56(1) of this Act from the operation of section 55, is included in a list compiled or approved under section 54 of this Act, then, if any person who, but for this section, would be entitled to do so, does or permits the doing of any act which causes or is likely to result in damage to the building (other than an act for the execution of excepted works) and he does or permits it with the intention of causing such damage, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

• (2) .In subsection (1) of this section " excepted works " means works authorised by planning permission granted or deemed to be granted in pursuance of an application under this Act and works for which listed building consent has been given under this Act.

• (3) Where a person convicted of an offence under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £20 for each day on which the failure continues.

Building preservation notice in respect of building not listed

58

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

• (a) stating that the building appears to them to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 54 of this Act; and

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

• (2) A building preservation notice shall not be served in respect of an excepted building, that is to say—

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

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

• (c) a building for the time being included in a list of monuments published by the Secretary of State under any such enactment.

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

• (3) A building preservation notice shall come into force as soon as it has been served on both the owner and occupier of the building to which it relates and shall remain in force for six months from the date when it is served or, as the case may be, last served; but it shall cease to be in force if, before the expiration of that period, the Secretary of State either includes the building in a list compiled or approved under section 54 of this Act or notifies the local planning authority in writing that he does not intend to do so.

• (4) While a building preservation notice is in force with respect to a building, the provisions of this Act (other than section 57) shall have effect in relation to it as if the building were a listed building; and if the notice ceases to be in force (otherwise than by reason of the building being included in a list compiled or approved under the said section 54) the provisions of Part III of Schedule 11 to this Act shall have effect with respect to things done or occurring under the notice or with reference to the building being treated as listed.

• (5) If, following the service of a building preservation notice, the Secretary of State notifies the local planning authority that he does not propose to include the building in a list compiled or approved under section 54 of this Act, the authority—

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

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

Trees

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

59

It shall be the duty of the local planning authority—

• (a) to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees; and

• (b) to make such orders under section 60 of this Act as appear to the authority to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwise.

Tree preservation orders

60

• (1) If it appears to a local planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area, they may for that purpose make an order (in this Act referred to as a " tree preservation order ") with respect to such trees, groups of trees or woodlands as may be specified in the order; and, in particular, provision may be made by any such order—