Town and Country Planning Act 1971

• (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

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• (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

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• (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

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• (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

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• (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

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• (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

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• (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

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• (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

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• (1) A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time and a reference of any other matter mentioned in section 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

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• (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

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• (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

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• (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

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• (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

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• (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

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• (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—

• (a) for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of trees except with the consent of the local planning authority, and for enabling that authority to give their consent subject to conditions;

• (b) for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the order;

• (c) for applying, in relation to any consent under the order, and to applications for such consent, any of the provisions of this Act falling within subsection (2) of this section, subject to such adaptations and modifications as may be specified in the order.

• (2) References in this Act to provisions thereof falling within this subsection are references to—

• (a) the provisions of Part III of this Act relating to planning permission and to applications for planning permission, except sections 25, 26, 27, 28, 29(2) to (6), 34(2), 38, 39, 41 to 44 and 47 to 49 of this Act; and

• (b) such of the provisions of Part IX of this Act as are therein stated to be provisions falling within this subsection;

• (c) section 270 of this Act.

• (3) A tree preservation order may be made so as to apply, in relation to trees to be planted pursuant to any such conditions as are mentioned in section 59(a) of this Act, as from the time when those trees are planted.

• (4) Except as provided under subsection (5)(c) of this section and in section 61 of this Act, a tree preservation order shall not take effect until it is confirmed by the Secretary of State, and the Secretary of State may confirm any such order either without modification or subject to such modifications as he considers expedient.

• (5) Provision may be made by regulations under this Act with respect to the form of tree preservation orders, and the procedure to be followed in connection with the submission and confirmation of such orders; and the regulations may (without prejudice to the generality of this subsection) make provision as follows—

• (a) that, before a tree preservation order is submitted to the Secretary of State for confirmation, notice of the making of the order shall be given to the owners and occupiers of land affected by the order and to such other persons, if any, as may be specified in the regulations;

• (b) that objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered before the order is confirmed by the Secretary of State ;

• (c) that, if no objections or representations are so made, or if any so made are withdrawn, the order, instead of requiring the confirmation of the Secretary of State in accordance with subsection (4) of this section, may be confirmed (but without any modification), as an unopposed order, by the authority who made it; and

• (d) that copies of the order, when confirmed by the Secretary of State or the authority, shall be served on such persons as may be specified in the regulations.

• (6) Without prejudice to any other exemptions for which provision may be made by a tree preservation order, no such order shall apply to the cutting down, topping or lopping of trees which are dying or dead or have become dangerous, or the cutting down, topping or lopping of any trees in compliance with any obligations imposed by or under an Act of Parliament or so far as may be necessary for the prevention or abatement of a nuisance.

• (7) In relation to land in respect of which the Forestry Commissioners have made advances under section 4 of the Forestry Act 1967 or in respect of which there is in force a forestry dedication covenant entered into with the Commissioners under section 5 of that Act, a tree preservation order may be made only if—

• (a) there is not in force in respect of the land a plan of operations or other working plan approved by the Commissioners under such a covenant; and

• (b) the Commissioners consent to the making of the order.

• (8) Where a tree preservation order is made in respect of land to which subsection (7) of this section applies, the order shall not have effect so as to prohibit, or to require any consent for, the cutting down of a tree in accordance with a plan of operations or other working plan approved by the Forestry Commissioner and for the time being in force, under such a covenant as is mentioned in that subsection or under a woodlands scheme made under the powers contained in the said Act of 1967.

• (9) In the preceding provisions of this section references to provisions of the Forestry Act 1967 include references to the corresponding provisions (replaced by that Act) in the Forestry Acts 1919 to 1951.

• (10) The preceding provisions of this section shall have effect subject to the provisions—

• (a) of section 2(4) of the Opencast Coal Act 1958 (land comprised in an authorisation under that Act which is affected by a tree preservation order); and

• (b) of section 15 of the Forestry Act 1967 (licences under that Act to fell trees comprised in a tree preservation order).

Provisional tree preservation orders

61

• (1) If it appears to a local planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation, they may include in the order as made by them a direction that this section shall apply to the order.

• (2) Notwithstanding section 60(4) of this 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 Secretary of State, 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 this 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 direction; and

• (b) that where the Secretary of State, in the case of an order which can be confirmed only by him, within the period of six months referred to in subsection (2) of this section, 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.

Replacement of trees

62

• (1) If any tree in respect of which a tree preservation order is for the time being in force, other than a tree to which the order applies as part of a woodland, is removed or destroyed in contravention of the order or is removed or destroyed or dies at a time when its cutting down is authorised only by virtue of the provisions of section 60(6) of this Act relating to trees which are dying or dead or have become dangerous, it shall be the duty of the owner of the land, unless on his application the local planning authority dispense with this requirement, to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.

• (2) In relation to any tree planted pursuant to this section, the relevant tree preservation order shall apply as it applied to the original tree.

• (3) The duty imposed by subsection (1) of this section on the owner of any land shall attach to the person who is from time to time the owner of the land and may be enforced as provided by section 103 of this Act and not otherwise.

Advertisements

Control of advertisements

63

• (1) Subject to the provisions of this section, provision shall be made by regulations under this Act for restricting or regulating the display of advertisements so far as appears to the Secretary of State to be expedient in the interests of amenity or public safety.

• (2) Without prejudice to the generality of subsection (1) of this section, any such regulations may provide—

• (a) for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which advertisements may be displayed, and the manner in which they are to be affixed to the land;

• (b) for requiring the consent of the local planning authority to be obtained for the display of advertisements, or of advertisements of any class specified in the regulations ;

• (c) for applying, in relation to any such consent and to applications for such consent, any of the provisions of this Act falling within section 60(2) thereof, subject to such adaptations and modifications as may be specified in the regulations;

• (d) for the constitution, for the purposes of the regulations of such advisory committees as may be prescribed by the regulations, and for determining the manner in which the expenses of any such committee are to be defrayed.

• (3) Regulations made for the purposes of this section may make different provision with respect to different areas, and in particular may make special provision with respect to areas defined for the purposes of the regulations as areas of special control, being either rural areas or areas other than rural areas which appear to the Secretary of State to require special protection on grounds of amenity; and, without prejudice to the generality of the preceding provisions of this subsection, the regulations may prohibit the display in any such area of all advertisements except advertisements of such classes (if any) as may be specified in the regulations.

• (4) Areas of special control for the purposes of regulations under this section may be defined by means of orders made or approved by the Secretary of State in accordance with the provisions of the regulations.

• (5) Where the Secretary of State is authorised by the regulations to make or approve any such order as is mentioned in subsection (4) of this section, the regulations shall provide for the publication of notice of the proposed order in such manner as may be prescribed by the regulations, for the consideration of objections duly made thereto, and for the holding of such inquiries or other hearings as may be so prescribed, before the order is made or approved.

• (6) Regulations made under this section may be made so as to apply to advertisements which are being displayed on the date on which the regulations come into force, or to the use for the display of the advertisements of any site which was being used for that purpose on that date; but any regulations made in accordance with this subsection shall provide for exempting therefrom—

• (a) the continued display of any such advertisement; and

• (b) the continued use for the display of advertisements of any such site,

during such period as may be prescribed in that behalf by the regulations, and different periods may be so prescribed for the purposes of different provisions of the regulations.

• (7) Without prejudice to the generality of the powers conferred by the preceding provisions of this section, regulations made for the purposes of this section may provide that any appeal from the decision of the local planning authority, on an application for their consent under the regulations, shall be to an independent tribunal constituted in accordance with the regulations, instead of being an appeal to the Secretary of State; and subsection (2) of section 50 of this Act shall apply to any tribunal so constituted as it applies to any tribunal constituted in accordance with subsection (1) of that section.

Application for planning permission not needed for advertisements complying with regulations

64

Where the display of advertisements in accordance with regulations made under section 63 of this Act involves development of land, planning permission for that development shall be deemed to be granted by virtue of this section, and no application shall be necessary in that behalf under Part III of this Act.

Waste land

Proper maintenance of waste land

65

• (1) If it appears to a local planning authority that the amenity of any part of their area, or of any adjoining area, is seriously injured by the condition of any garden, vacant site or other open land in their area, then, subject to any directions given by the Secretary of State, the authority may serve on the owner and occupier of the land a notice requiring such steps for abating the injury as may be specified in the notice to be taken within such period as may be so specified.

• (2) Subject to the provisions of Part V of this Act, a notice under this section shall take effect at the end of such period (not being less than twenty-eight days after the service thereof) as may be specified in the notice.

Industrial development

Meaning of "industrial building"

66

• (1) In this Part of this Act " industrial building" means a building used or designed for use—

• (a) for the carrying on of any process for or incidental to any of the following purposes, that is to say—

• (i) the making of any article or of part of any article; or

• (ii) the altering, repairing, ornamenting, finishing, cleaning, washing, freezing, packing or canning, or adapting for sale, or breaking up or demolition, of any article; or

• (iii) without prejudice to the preceding sub-paragraphs, the getting, dressing or preparation for sale of minerals or the extraction or preparation for sale of oil or brine ;

• (b) for the carrying on of scientific research,

being a process or research carried on in the course of a trade or business.

• (2) For the purposes of subsection (1) of this section, premises which—

• (a) are used or designed for use for providing services or facilities ancillary to the use of other premises for the carrying on of any such process or research as is mentioned in that subsection; and

• (b) are or are to be comprised in the same building or the same curtilage as those other premises,

shall themselves be treated as used or designed for use for the carrying on of such a process or, as the case may be, of such research.

• (3) In this section—

• " article " means an article of any description, including a ship or vessel;

• " building " includes a part of a building;

• " scientific research '' means any activity in the fields of natural or applied science for the extension of knowledge.

Industrial development certificates

67

• (1) Subject to the provisions of this section and of section 68 of this Act, an application to the local planning authority for permission to develop land by—

• (a) the erection thereon of an industrial building of one of the prescribed classes ; or

• (b) a change of use whereby premises, not being an industrial building of one of the prescribed classes, will become such an industrial building,

shall be of no effect unless a certificate (in this Act referred to as an " industrial development certificate ") is issued under this section by the Secretary of State, certifying that the development in question can be carried out consistently with the proper distribution of industry, and a copy of the certificate is furnished to the local planning authority together with the application.

• (2) Subject to subsection (5) of this section, an industrial development certificate shall be required for the purposes of an application for planning permission made as mentioned in section 32(1) of this Act if the circumstances are such that, in accordance with subsection (1) of this section, such a certificate would have been required if the application had been for planning permission to construct the building, or to institute the use of land, which the application seeks permission to retain or continue or (as the case may be) seeks permission to retain or continue without complying with a condition previously imposed, and the provisions of this section shall have effect in relation to that application accordingly.

• (3) In considering whether any development for which an industrial development certificate is applied for can be carried out; consistently with the proper distribution of industry, the Secretary of State shall have particular regard to the need for providing appropriate employment in development areas,

• (4) An industrial development certificate shall not be required for the extension of an industrial building if the extension, taken by itself, would not be an industrial building of one of the prescribed classes, but (subject to the provisions of section 68 of this Act) an industrial development certificate shall be required for the extension of any building if the extension, taken by itself, would be such an industrial building.

• (5) An industrial development certificate shall not be required for the purposes of an application for planning permission to retain a building or continue a use of land after the end of any period specified in, or otherwise without complying with, a condition subject to which a previous planning permission was granted if the condition in question is not one subject to which the previous planning permission was granted in accordance with the provisions of section 70 of this Act or subject to which that planning permission is by virtue of that section deemed to have been granted.

• (6) The preceding provisions of this section shall have effect without prejudice to any provisions for restricting the granting of planning permission by local planning authorities which are included in a development order by virtue of section 31(1) of this Act.

• (7) In this section—

• " the prescribed classes " means such classes or descriptions of industrial buildings as may be prescribed by regulations made for the purposes of this section by the Secretary of State;

• " development area " means any area for the time being specified as such under section 15 of the Industrial Development Act 1966, and subsection (6) of that section (which provides for references to a development area in certain provisions to have effect as if certain localities outside that area were included therein) shall apply to any such reference in this section;

and any reference to an application made as mentioned in section 32(1) of this Act includes a reference to an application which by virtue of section 88(7) or 95(6) of this Act is deemed to have been made for such planning permission as is mentioned in the said section 88(7) or, as the case may be, the said section 95(6).

Exemption of certain classes of development

68

• (1) Notwithstanding anything in section 67 of this Act, but subject to section 69 of this Act, an industrial development certificate shall not be required if the industrial floor space to be created by the development in question (in this section referred to as " the proposed development"), together with any other industrial floor space created or to be created by any related development, does not exceed 5,000 square feet, excluding, where an industrial development certificate has been issued in respect of any related development, any floor space created or to be created by that development or by development carried out, or for which planning permission has been granted, before the issue of that certificate.

• (2) Regulations made for the purposes of section 67 of this Act by the Secretary of State may direct that no industrial development certificate shall be required in respect of the erection, in any area prescribed by or under the regulations, of industrial buildings of any such class or description as may be so prescribed, or in respect of a change of use whereby premises in any such area, not being an industrial building of a class or description so prescribed, will become an industrial building of such a class or description.

• (3) In this section " industrial floor space " means floor space comprised in an industrial building or industrial buildings of any of the prescribed classes.

• (4) For the purposes of subsection (1) of this section development shall, in relation to an application for planning permission (in this section referred to as " the relevant application "), be taken to be " related development" if—

• (a) it related, or is to relate, to the same building as that to which the proposed development is to relate (in this subsection referred to as the " relevant building"); or

• (b) it related, or is to relate, to a building which is, or is to be, contiguous or adjacent to the relevant building, and it was, or is to be, development comprised in, or for the purposes of, the same scheme or project or for the purposes of the same undertaking as the proposed development,

and (in either case) it fulfils one or other of the conditions mentioned in subsection (5) of this section.

• (5) The said conditions are—

• (a) that it is development for which, before the date of the relevant application, planning permission has been granted by a planning decision made on or after 1st April 1960;

• (b) that it is development which has been initiated on or after 1st April 1960 but before the date of the relevant application and is not development for which planning permission has been granted by a planning decision made on or after 1st April 1960;

• (c) that it is development in respect of which an application to the local planning authority for planning permission either is pending on the date of the relevant application or is made on that date.

• (6) For the purposes of subsection (5)(c) of this section, an application is pending on a particular date if—

• (a) it is made before that date and not withdrawn ; and

• (b) no planning decision on that application has been made before that date.

• (7) In subsection (4) of this section and in this subsection "building" does not include a part of a building; and any reference in subsection (4) of this section to development relating to a building is a reference to the erection, extension, alteration or re-erection of the building or a change of use of the whole or part of the building.

• (8) In this section " the prescribed classes " has the same meaning as in section 67 of this Act.

Power to vary exemption limit as to industrial floor space

69

• (1) The Secretary of State may by order direct that subsection (1) of section 68 of this Act shall be amended by substituting, for the number of square feet specified in the subsection as originally enacted or as previously amended under this subsection, such number of square feet as may be specified in the order being not less than 1,000 square feet.

• (2) Any amendment made by an order under this section may be made so as to have effect either in relation to the whole of England and Wales or in relation only to a part of England and Wales specified in the order.

• (3) Any amendment made by such an order shall have effect—

• (a) in relation to applications for planning permission relating to land in any area to which the order applies which are made on or after the date on which the order comes into operation; and

• (b) in relation to applications relating to land in such an area which have been made before that date, other than any application on which a planning decision has been made before that date.

• (4) Where in accordance with subsection (3) of this section an amendment made by such an order has effect in relation to an application for planning permission made before the date on which the order comes into operation, so much of section 67(1) of this Act as requires a copy of an industrial development certificate to be furnished to the local planning authority together with the application shall have effect in relation to that application with the substitution, for the words " together with the application " , of the words " as soon as practicable after the certificate is issued "

• (5) In this section any reference to land in any area to which an order under this section applies shall be construed as a reference to land of which any part is in that area.

Restrictions or conditions attached to certificates

70

• (1) An industrial development certificate in respect of any development may be issued subject to such restrictions on the making of an application for planning permission for that development (whether as to the period within which, or the persons by whom, such an application may be made, or otherwise) as the Secretary of State considers appropriate having regard to the proper distribution of industry; and where an industrial development certificate in respect of any development is issued subject to any such restrictions, and an application for planning permission for that development is made which does not comply with those restrictions, the provisions of section 67 of this Act shall apply in relation to that application as if no such certificate had been issued.

• (2) Without prejudice to subsection (1) of this section, an industrial development certificate may be issued either unconditionally or subject to such conditions as the Secretary of State considers appropriate having regard to the proper distribution of industry; and any reference in this section to conditions attached to an industrial development certificate is a reference to conditions subject to which such a certificate is issued.

• (3) Without prejudice to the generality of subsection (2) of this section, conditions may be attached to an industrial development certificate—

• (a) for requiring the removal of any building or the discontinuance of any use of land to which the certificate relates 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 ;

• (b) restricting the amount of office floor space (as defined in section 85 of this Act) to be contained in any building to which the certificate relates, or precluding it from containing any office floor space (as so defined);

and conditions of the kind mentioned in paragraph (b) of this subsection may be framed so as to apply (either or both) to the building as originally erected or as subsequently extended or altered.

• (4) In so far as any of the conditions attached to an industrial development certificate are of such a description that (apart from this section) they could not have been imposed under this Act this Act shall apply in relation to any application for planning permission for the purposes of which that certificate is required, and to any planning permission granted on such an application, as if the powers conferred by this Act included power to impose conditions of that description.

• (5) Where conditions are attached to an industrial development certificate, and, on an application for planning permission for the purposes of which that certificate is required, planning permission is granted, the authority granting the permission shall grant it subject to those conditions, with or without other conditions.

• (6) Planning permission to which subsection (5) of this section applies shall not be invalid by reason only that the requirements of that subsection are not complied with; but where any such planning permission is granted without complying with the requirements of that subsection the planning permission shall be deemed to have been granted subject to the conditions attached to the industrial development certificate, or (if any other conditions were imposed by the authority granting the permission) to have been granted subject to the conditions attached to the certificate in addition to the other conditions.

Provisions as to conditions imposed under s.70

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• (1) This section applies to any condition subject to which planning permission is granted in accordance with the provisions of section 70 of this Act, or subject to which planning permission is by virtue of that section deemed to have been granted, whether it is a condition which could have been imposed apart from that section or not.

• (2) If the planning permission is or was granted by the local planning authority, the Secretary of State shall not be required to entertain an appeal under section 36 of this Act from the decision of the local planning authority, in so far as that decision relates or related to any condition to which this section applies.

• (3) If any condition imposed by an authority granting planning permission is inconsistent with any condition to which this section applies, the last-mentioned condition shall prevail so far as it is inconsistent with the condition so imposed.

• (4) Where on an application made as mentioned in section 32(1) of this Act (as modified by section 67 of this Act) planning permission is granted (either unconditionally or subject to conditions) for a building to be retained, or a use of a building to be continued, without complying with a condition to which this section applies (that condition being one subject to which a previous planning permission was granted or is deemed to have been granted), nothing in section 70 of this Act or in the foregoing provisions Of this section shall be construed as preventing the subsequent planning permission from operating so as to extinguish or modify that condition, as the case may be.

Provision for cases where certificate withheld

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• (1) Where such an application as is mentioned in subsection (1) or (2) of section 67 of this Act is, by virtue of those subsections, of no effect by reason that the requirements of those subsections are not fulfilled, the local planning authority shall consider whether, if those requirements had been fulfilled, they would nevertheless have refused the permission sought by the application, either in respect of the whole or in respect of part of the land to which the application relates; and if they are of the opinion that they would so have refused that permission, they shall serve on the applicant a notice in writing to that effect.

• (2) Where a notice is served under subsection (1) of this section in respect of the whole or part of any land, it shall operate, for the purposes of sections 38 and 39 of this Act, as if the application for planning permission had been an effective application and the notice had been a planning decision of the local planning authority refusing that permission in respect of that land or that part thereof, as the case may be; and the provisions of those sections (if in those circumstances they would have been applicable) shall have effect accordingly.

Office development

Meaning of "office premises"

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• (1) Subject to the provisions of this section, in these provisions " office premises" means premises falling within either of the following descriptions, that is to say—

• (a) premises whose sole or principal use is to be use as an office or for office purposes;

• (b) premises to be occupied together with premises falling within the preceding paragraph and to be so occupied wholly or mainly for the purposes of the activities to be carried on in the last-mentioned premises.

• (2) Where, in relation to an application for planning permission for the erection of a building, or in relation to a grant of such planning permission, it falls to be determined, for the purposes of subsection (1) of this section, what is to be the sole or principal use of any premises to be contained in the building, regard shall be had—

• (a) in the case of an application for planning permission, to the proposed use (as indicated in the application) of the building or of different parts of the building; and

• (b) in the case of a grant of planning permission, to the purposes specified in the planning permission as those for which the building, or different parts of the building, may be used.

• (3) Where, in relation to an application for planning permission for the extension or alteration of a building, or in relation to a grant of such planning permission, it falls to be determined, for the purposes of subsection (1) of this section, what is to be the sole or principal use of any premises which are to be added to the building or altered within it (in this subsection referred to as " the new premises " ), regard shall be had—

• (a) in the case of an application for planning permission, to the proposed use (as indicated in the application) of the new premises; and

• (b) in the case of a grant of planning permission, to the purposes specified in the planning permission as those for which the new premises may be used.

• (4) For the purposes of the application of these provisions in relation to development in so far as it consists of a change in the use of land " office premises " (subject to the following provisions of this section) means premises falling within either of the following descriptions, that is to say—

• (a) premises whose sole or principal use is as an office or for office purposes;

• (b) premises occupied together with premises falling within the preceding paragraph and so occupied wholly or mainly for the purposes of the activities carried on in the last-mentioned premises;

and for the purposes of paragraph (a) of this subsection any question as to sole or principal use, in relation to premises contained in a building, shall be determined by reference to those premises alone and not by reference to the building taken as a whole.

• (5) In this section " office purposes " includes the purposes of administration, clerical work, handling money, telephone and telegraph operating and the operation of computers, and " clerical work" includes writing, book-keeping, sorting papers, filing, typing, duplicating, punching cards or tapes, machine calculating, drawing and the editorial preparation of matter for publication.

• (6) The Secretary of State may by order provide that premises of any description specified in the order, or premises used or to be used for any purposes so specified, shall not be office premises for the purposes of these provisions.

• (7) In this section, in sections 74 to 86 of this Act and in Schedule 12 to this Act " these provisions " means the provisions of this section, of those sections, of that Schedule and of Schedule 13 to this Act.

Office development permits

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• (1) Subject to these provisions, an application to the local planning authority for planning permission to carry out, on land within an area to which these provisions apply, any development to which these provisions apply, that is to say, any development of land which consists of or includes—

• (a) the erection of a building containing office premises ; or

• (b) the extension or alteration of a building by the addition of, or the conversion of premises into, office premises; or

• (c) a change of use whereby premises which are not office premises become office premises,

shall be of no effect unless a permit (in these provisions referred to as an " office development permit ") in respect of that development is issued under these provisions by the Secretary of State, and a copy of the permit is furnished to the local planning authority together with the application.

• (2) An office development permit shall be required for the purposes of an application for planning permission made as mentioned in section 32(1) of this Act if the circumstances are such that, in accordance with subsection (1) of this section, such a permit would have been required if the application had been for planning permission to construct or carry out the building or works, or to institute the use of land, which the application seeks permission to retain or continue or (as the case may be) seeks permission to retain or continue without complying with a condition previously imposed, and subsections (1) and (3) of this section shall have effect in relation to that application accordingly.

• (3) In exercising his discretion to issue or withhold office development permits, the Secretary of State shall have particular regard to the need for promoting the better distribution of employment in Great Britain.

• (4) The areas to which these provisions apply are—

• (a) the metropolitan region ;

• (b) any area in Great Britain outside the metropolitan region which is for the time being designated for the purposes of this paragraph by an order made by the Secretary of State:

Provided that the Secretary of State may at any time by order direct that the metropolitan region, or a part of that region specified in the order, shall cease to be, or to be included in, an area to which these provisions apply.

Exemption by reference to office floor space

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• (1) Notwithstanding anything in section 74 of this Act, an office development permit shall not be required for the purposes of an application for planning permission to carry out any development (in this section referred to as "the proposed development") if the office floor space to be created by the proposed development, together with any office floor space created or to be created by any related development, does not exceed the prescribed exemption limit.

• (2) For the purposes of subsection (1) of this section development shall, in relation to an application for planning permission (in this section referred to as "the relevant application "), be taken to be " related development" if—

• (a) it related, or is to relate, to the same building as that to which the proposed development is to relate (in this subsection referred to as the " relevant building "); or

• (b) it related, or is to relate, to a building which is, or is to be, contiguous or adjacent to the relevant building, and it was, or is to be, development comprised in, or for the purposes of, the same scheme or project or for the purposes of the same undertaking as the proposed development,

and (in either case) it fulfils one or other of the conditions mentioned in subsection (3) or (4) of this section, as the case may be, and is not excluded by subsection (5) or (6) of this section.

• (3) The said conditions, in relation to land within the metropolitan region, are—

• (a) that it is development for which, before the date of the relevant application, planning permission has been granted by a planning decision made on or after 5th November 1964 (whether before or after the passing of this Act);

• (b) that it is development (not falling within the preceding paragraph) which has (whether before or after the passing of this Act) been initiated on or after 5th November 1964 but before the date of the relevant application and is not development for which planning permission was granted by a planning decision made before 5th November 1964;

• (c) that it is development in respect of which an application to the local planning authority for planning permission either is pending on the date of the relevant application or is made on that date.

• (4) The said conditions, in relation to land within an area to which these provisions apply outside the metropolitan region, are—

• (a) that it is development for which, before the date of the relevant application, planning permission has been granted by a planning decision made on or after the specified date;

• (b) that it is development (not falling within the preceding paragraph) which has been initiated on or after the specified date but before the date of the relevant application and is not development for which planning permission was (whether before or after the passing of this Act) granted by a planning decision made before the specified date;

• (c) that it is development in respect of which an application to the local planning authority for planning permission either is pending on the date of the relevant application or is made on that date,

and in this subsection " the specified date " in relation to an area, means such date (not being earlier than the date on which the order comes into operation) as may be specified in the order designating that area as an area to which these provisions apply.

• (5) Where, before the date of the relevant application, an office development permit has been issued in respect of development which, apart from this subsection, would be related development for the purposes of subsection (1) of this section—

• (a) the development in respect of which the permit was issued; and

• (b) any other development which was carried out before the issue of that permit, or for which planning permission was granted by a planning decision made before the issue of that permit,

shall not be taken to be related development for those purposes.

• (6) Development in respect of which there has been issued by the Secretary of State an industrial development certificate with conditions attached to it by virtue of section 70(3)(b) of this Act shall not be taken to be related development for the purposes of subsection (1) of this section.