Legalize / United Kingdom / Public General Act

Town and Country Planning Act 1971

Type Public General Act

Publication 1971-10-28

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) any order under section 51 of this Act;

(d) any order made in pursuance of section 63(4) of this Act;

(e) any order under Part II of Schedule 11 to this Act.

(3) The action referred to in subsection (1)(e) of this section is action on the part of the Secretary of State of any of the following descriptions, that is to say—

(a) any decision of the Secretary of State on an application for planning permission referred to him under section 35 of this Act;

(b) any decision of the Secretary of State on an appeal under section 36 of this Act;

(d) any decision by the Secretary of State to confirm a completion notice under section 44 of this Act;

(e) any decision of the Secretary of State relating to an application for consent under a tree preservation order, or relating to an application for consent under any regulations made in accordance with section 63 of this Act, or relating to any certificate or direction under any such order or regulations, whether it is a decision of the Secretary of State on appeal or a decision on an application referred to him for determination in the first instance;

(f) any decision of the Secretary of State to grant planning permission under section 88 (5)(a) of this Act;

(g) any decision of the Secretary of State on an application for an established use certificate referred to him under subsection (1) of section 95 of this Act or on an appeal under subsection (2) of that section;

(h) any decision of the Secretary of State under subsection (5) (a) of section 97 of this Act to grant listed building consent for any works or under subsection (5)(b) of that section to grant planning permission in respect of any works;

(i) any decision of the Secretary of State to confirm a purchase notice or listed building purchase notice;

(j) any decision of the Secretary of State not to confirm a purchase notice or fisted building purchase notice, including any decision not to confirm such a notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming such a notice, either wholly or in part;

(k) any decision of the Secretary of State on an application referred to him under paragraph 4 of Schedule 11 to this Act (being an application for listed building consent for any works) or on an appeal under paragraph 8 of that Schedule.

(4) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such action as is mentioned in subsection (3) of this section.

Validity of enforcement notices and similar notices

243

(1) Subject to the provisions of this section—

(a) the validity of an enforcement notice shall not, except by way of an appeal under Part V of this Act, be questioned in any proceedings whatsoever on any of the grounds specified in section 88 (1)(b) to (e) of this Act;

(b) the validity of a listed building enforcement notice shall not, except by way of an appeal under Part V of this Act, be questioned in any proceedings whatsoever on any of the grounds specified in section 97(1) (b) or (e) of this Act.

(2) Subsection (1)(a) of this section shall not apply to proceedings brought under section 89(5) of this Act against a person who—

(a) has held an interest in the land since before the enforcement notice was served under Part V of this Act; and

(b) did not have the enforcement notice served on him thereunder; and

(i) he did not know and could not reasonably have been expected to know that the enforcement notice had been served ; and

(ii) his interests have been substantially prejudiced by the failure to serve him.

(3) Subject to subsection (4) of this section, the validity of a notice which has been served under section 65 of this Act on the owner and occupier of the land shall not, except by way of an appeal under Part V of this Act, be questioned in any proceedings whatsoever on any of the grounds specified in section 105(1)(a) to (c) of this Act.

(4) Subsection (3) of this section shall not apply to proceedings brought under section 104 of this Act against a person on whom the notice referred to in that subsection was not served, but who has held an interest in the land since before that notice was served on the owner and occupier of the land, if he did not appeal against the notice under Part V of this Act.

(5) The validity of a notice purporting to be an enforcement notice shall not depend on whether any non-compliance to which the notice relates was a non-compliance with conditions, or with limitations, or with both; and any reference in such a notice to non-compliance with conditions or limitations (whether both expressions are used in the notice or only one of them) shall be construed as a reference to non-compliance with conditions, or with limitations, or both with conditions and limitations, as the case may require.

Proceedings for questioning validity of development plans and certain orders under Parts X and XI

244

(1) If any person aggrieved by a structure plan or local plan or by any alteration, repeal or replacement of any such plan desires to question the validity of the plan, alteration, repeal or replacement on the ground that it is not within the powers conferred by Part II of this Act, or that any requirement of the said Part II or of any regulations made thereunder has not been complied with in relation to the approval or adoption of the plan, alteration, repeal or replacement, he may, within six weeks from the date of the publication of the first notice of the approval or adoption of the plan, alteration, repeal or replacement required by regulations under section 18 (1) of this Act, make an application to the High Court under this section.

(2) On any application under this section the High Court—

(a) may by interim order wholly or in part suspend the operation of the plan, alteration, repeal or replacement either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

(b) if satisfied that the plan, alteration; repeal or replacement is wholly or to any extent outside the powers conferred by Part II of this Act, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of the said Part II or of any regulations made thereunder, may wholly or in part quash the plan, alteration, repeal or replacement, as the case may be, either generally or in so far as it affects any property of the applicant.

(3) The preceding provisions of this section shall apply, subject to any necessary modifications, to an order under section 209, 211, 212 or 214(1)(a) of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the notice therein mentioned, there were substituted a reference to the notice required by section 215(7) of this Act.

(4) The said provisions shall apply, subject to any necessary modifications, to an order under section 210 or 214(1) (b) of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the date on which the notice therein mentioned is first published there were substituted a reference to the date on which the notice required by paragraph 6 of Schedule 20 to this Act is first published in accordance with that paragraph.

(5) Subsections (1) and (2) of this section shall apply, subject to any necessary modifications, to an order under section 235 of this Act as they apply to a structure plan.

Proceedings for questioning validity of other orders, decisions and directions

245

(1) If any person—

(a) is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that the order is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that order; or

(b) is aggrieved by any action on the part of the Secretary of State to which this section applies and desires to question the validity of that action, on the grounds that the action is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that action,

he may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the High Court under this section.

(2) Without prejudice to subsection (1) of this section, if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State to which this section applies, desire to question the validity of that order or action on any of the grounds mentioned in subsection (1) of this section, the authority may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the High Court under this section.

(3) This section applies to any such order as is mentioned in subsection (2) of section 242 of this Act and to any such action on the part of the Secretary of State as is mentioned in subsection (3) of that section.

(4) On any application under this section the High Court—

(a) may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings;

(b) if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action:

Provided that paragraph (a) of this subsection shall not apply to applications questioning the validity of tree preservation orders.

(5) In relation to a tree preservation order, or to an order made in pursuance of section 63(4) of this Act, the powers conferred on the High Court by subsection (4) of this section shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.

(6) References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.

(7) In this section "the relevant requirements", in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1971 (or any enactment replaced thereby), or of any order, regulations or rules made under this Act or under that Act (or any such enactment) which are applicable to that order or action, and any reference to the authority directly concerned with any order or action to which this section applies—

(a) in relation to an order made by a local authority other than the local planning authority, and in relation to any decision of the Secretary of State on appeal from a decision made by such a local authority, is a reference to that local authority ;

(b) in relation to any such decision as is mentioned in section 242(3)(i) or (j) of this Act, is a reference to the council on whom the notice in question was served, and, in a case where the Secretary of State has modified such a notice, wholly or in part, by substituting another local authority or statutory undertakers for that council, includes a reference to that local authority or those statutory undertakers;

Provided that if, in a case falling within paragraph (a) of this subsection, the order or decision in question was made in the exercise of functions delegated to the other local authority by the local planning authority, and it is agreed between the two authorities that the local planning authority shall act in the matter, the reference shall be construed as a reference to the local planning authority.

Appeals to High Court relating to enforcement notices and similar notices

246

(1) Where the Secretary of State gives a decision in proceedings on an appeal under Part V of this Act against—

(a) an enforcement notice;

(b) a listed building enforcement notice ; or

the appellant or the local planning authority or any person (other than the appellant) on whom the notice was served may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court.

(2) At any stage of the proceedings on any such appeal as is mentioned in subsection (1) of this section, the Secretary of State may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court; and a decision of the High Court on a case stated by virtue of this subsection shall be deemed to be a judgment of the court within the meaning of section 27 of the Supreme Court of Judicature (Consolidation) Act 1925 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).

(3) In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules—

(a) prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State; and

(b) providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

(4) Rules of court relating to any such proceedings as are mentioned in subsection (3) of this section may provide for excluding so much of section 63(1) of the said Act of 1925 as requires appeals to the High Court to be heard and determined by a Divisional Court; but no appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

(5) In this section " decision " includes a direction or order, and references to the giving of a decision shall be construed accordingly.

Appeals to High Court against decisions under s.53

247

(1) If, in the case of any decision to which this section applies, the person who made the application to which the decision relates, or the local planning authority, is dissatisfied with the decision in point of law, that person or the local planning authority (as the case may be) may, according as rules of court may provide, either appeal against the decision to the High Court or require the Secretary of State to state and sign a case for the opinion of the High Court.

(2) This section applies to any decision of the Secretary of State—

(a) on an application under section 53 of this Act which is referred to the Secretary of State under the provisions of section 35 of this Act as applied by that section; or

(b) on an appeal from a decision of the local planning authority under section 53 of this Act, being an appeal brought under the provisions of section 36 of this Act as so applied.

(3) Where an application under section 53 of this Act is made as part of an application for planning permission, the preceding provisions of this section shall have effect in relation to that application in so far as it is an application under the said section 53, but not in so far as it is an application for planning permission.

(4) In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court shall include power to make rules prescribing the powers of the High Court or the Court of Appeal with respect to—

(a) the giving of any decision which might have been given by the Secretary of State ;

(b) the remitting of the matter, with the opinion or direction of the court, for re-hearing and determination by the Secretary of State;

(5) Rules of court relating to such proceedings as are mentioned in subsection (4) of this section may provide for excluding so much of section 63(1) of the Supreme Court of Judicature (Consolidation) Act 1925 as requires appeals to the High Court to be heard and determined by a Divisional Court; but no appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

(6) Without prejudice to the preceding provisions of this section, the power to make rules of court in relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section shall include power to make rules providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

Special provisions as to decisions relating to statutory undertakers

248

In relation to any action which—

(a) apart from the provisions of Part XI of this Act, would fall to be taken by the Secretary of State, and, if so taken, would be action falling within section 242(3) of this Act; but

(b) by virtue of Part XI of this Act, is required to be taken by the Secretary of State and the appropriate Minister,

the provisions of sections 242 and 245 of this Act shall have effect (subject to section 249 of this Act) as if any reference in those provisions to the Secretary of State were a reference to the Secretary of State and the appropriate Minister.

Special provisions as to orders subject to special parliamentary procedure

249

(1) Where an order under section 209, 211, 212 or 235 of this Act is subject to special parliamentary procedure, then—

(a) if the order is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, the provisions of sections 242 and 244 of this Act shall not apply to the order;

(b) in any other case, section 244 of this Act shall have effect in relation to the order as if, in subsection (1) of that section, for the reference to the date therein mentioned there were substituted a reference to the date on which the order becomes operative under section 6 of the said Act of 1945.

(2) Where by virtue of Part XI of this Act any such action as is mentioned in section 248 of this Act is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—

(a) if the order in which the action is embodied is confirmed by Act of Parliament under section 6 of the said Act of 1945, the provisions of sections 242 and 245 of this Act shall not apply;

(b) in any other case, the provisions of section 245 of this Act shall apply with the substitution, for any reference to the date on which the action is taken, of a reference to the date on which the order becomes operative under section 6 of the said Act of 1945.

PART XIII — Financial Provisions

Grants for development etc.

250

(1) The Secretary of State may with the consent of the Treasury and after consultation with such associations of local authorities as appear to the Secretary of State to be concerned and with any local authority with whom consultation appears to him to be desirable, make regulations providing for the payment to local authorities for any year of grants of such amounts, and payable over such periods and subject to such conditions, as may be determined by or under the regulations in respect of expenditure incurred by those authorities (whether before or after the passing of this Act) in or in connection with the acquisition of land approved for the purposes of the regulations, being land required for or in connection with—

(a) the development or redevelopment as a whole of any area (whether or not defined in a development plan as an area of comprehensive development); or

(b) the relocation of population or industry, or the replacement of open space, in the course or in consequence of such development or redevelopment,

or in respect of expenditure so incurred in or in connection with the clearing or preliminary development of such land.

(2) For the purposes of regulations under this section land appropriated by a local authority (whether before or after the passing of this Act) for use for purposes described in subsection (1) of this section may be treated as acquired by that authority for those purposes at a cost of such amount, and defrayed in such manner, as may be determined by or under the regulations.

(3) Provision may be made by regulations under this section—

(a) for the inclusion, in the expenditure incurred by local authorities in the acquisition of land approved for the purposes of the regulations, of any sums or part of sums paid by those authorities in connection with any restriction imposed on the development or use of the land by or under any enactment (whether by way of compensation or by way of contribution towards damage or expense incurred in consequence of the restriction);

(b) for the calculation of grants payable under the regulations by reference to the amount of the annual costs incurred or treated as being incurred by local authorities in respect of the borrowing of money to defray the expenditure in respect of which the grants are made, or by reference to the excess of such annual costs over receipts of those authorities which are attributable to such expenditure, or over the annual value of such receipts, or by reference to such other considerations as may be prescribed by the regulations;

(c) for the payment of capital sums in substitution for any periodical grants payable under the regulations in respect of such annual costs ;

and for the purposes of this section "clearing" and "preliminary development" means the carrying out of such works as may be prescribed by or determined under the regulations.

(4) In this section " year " means a period of twelve months beginning with the first day of April.

Maximum amount of grants under s.250

251

(1) Subject to the following provisions of this section, the amount of any grant paid to a local authority in accordance with regulations made under section 250 of this Act—

(a) where that amount is calculated by reference to annual costs incurred or treated as incurred by the authority in respect of the borrowing of money to defray expenditure in respect of which the grant is made, or by reference to the excess of such annual costs over the receipts, or the annual value of receipts, mentioned in subsection (3)(b) of that section, shall not exceed an amount equal to fifty per cent. of those costs, or of that excess, as the case may be ;

(b) in any other case, shall not exceed an amount equal to fifty per cent. of the amount of the expenditure in respect of which the grant is made.

(2) In respect of land of any of the following descriptions, that is to say—

(a) land comprised in a compulsory purchase order made by a local authority under the Act of 1944 or the Act of 1947, and confirmed before 26th February 1954, being land acquired for war-damage redevelopment;

(b) land acquired by agreement for war-damage redevelopment with the consent of the Minister of Housing and Local Government given before that date;

(d) land acquired or appropriated for war-damage redevelopment (whether before or after that date), being land contiguous or adjacent to land falling within any of the preceding paragraphs,

subsection (1)(a) of this section shall apply (subject to subsection (3) of this section) as if for the words "fifty per cent." there were substituted the words " ninety per cent. ".

(3) Subsection (2) of this section shall not authorise the payment, in the case of any land, of a grant at a higher rate in respect of a year or part of a year which, together with the preceding years or parts of years in respect of which grants at a higher rate have been paid in the case of that land, would extend beyond a total period of eight years.

(4) In this section "war-damage redevelopment" means the redevelopment as a whole of an area of extensive war damage, and includes the relocation of population or industry, or the replacement of open space, in the course of such redevelopment.

(5) In this section references to a grant at a higher rate are references to a grant of an amount which—

(a) was or would have been authorised by section 93 of the Act of 1947 as that section had effect or would have had effect apart from section 50 of the Act of 1954 and the Local Government Act 1958 and this Act; but

(b) otherwise than by virtue of the provisions of the Act of 1954 corresponding to subsections (2) and (3) of this section, was not or would not have been authorised by the provisions substituted by the Act of 1954 for the said section 93.

Supplementary provisions as to grants under s.250

252

(1) Any approval of the Secretary of State required for the purposes of the payment of grant under section 250 of this Act in connection with the acquisition of land may be given subject to compliance with requirements imposed by the Secretary of State for securing that any negotiations for the acquisition of the land by the local authority will be carried out by the Valuation Office, and that any valuation of the land for the purposes of the acquisition, or for any purposes of the regulations, will be made by that office.

(2) Subject to subsection (1) of this section, any regulations made for the purposes of section 250 of this Act may make provision whereby the payment of grants in pursuance of the regulations is dependent upon the fulfilment of such conditions as may be determined by or in accordance with the regulations, and may also make provision for requiring local authorities to whom grants have been so paid to comply with such requirements as may be so determined.

Grants for research and education

253

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

Contributions to certain expenditure

Contributions by Ministers towards compensation paid by local authorities

254

Where compensation is payable by a local authority under this Act in consequence of any decision or order given or made under—

(a) Part III or Part IV of this Act;

(b) sections 87 to 100 of this Act;

(d) Schedule 9 to this Act,

then if that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of moneys provided by Parliament, the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.

Contributions by local authorities and statutory undertakers

255

(1) Without prejudice to the provisions of section 238(1) and (3) of the Highways Act 1959 (contributions by certain local authorities towards expenses incurred in connection with highways), any local authority may contribute towards any expenses incurred by a local highway authority in the acquisition of land under Part VI of this Act, or in the construction or improvement of roads on land so acquired, or in connection with any development required in the interests of the proper planning of the area of the local authority.

(2) Any local authority and any statutory undertakers may contribute towards—

(a) any expenses incurred by a local planning authority in or in connection with the carrying out of a survey or the preparation of a structure plan or local plan under Part II of this Act;

(b) any expenses incurred by a local planning authority, or by the council of a county district, in or in connection with the performance of any of their functions under Part III (except section 28), Part IV, Part V (except sections 101 and 103) or Part VI (except section 126) of this Act, under the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices or under Schedule 11 to this Act.

(3) Where any expenses are incurred by a local authority in the payment of compensation payable in consequence of anything done under—

(a) Part III or Part IV of this Act;

(b) sections 87 to 100 of this Act;

the Secretary of State may, if it appears to him to be expedient to do so, require any other local authority to contribute towards those expenses such sum as appears to him to be reasonable, having regard to any benefit accruing to that authority by reason of the proceeding giving rise to the compensation.

(4) The provisions of subsection (3) of this section shall apply in relation to payments made by a local authority to any statutory undertakers in accordance with financial arrangements to which effect is given under section 233(5)(c) of this Act, as they apply in relation to compensation payable by such an authority in consequence of anything done under Part III or Part IV of this Act, and the reference in subsection (3) of this section to the proceeding giving rise to the compensation shall be construed accordingly.

(5) For the purposes of this section, contributions made by a 16cal planning authority towards the expenditure of a joint advisory committee shall be deemed to be expenses incurred by that authority for the purposes for which that expenditure is incurred by the committee.

Assistance for acquisition of property where objection made to blight notice in certain cases

256

The council of a county, county borough, London borough or county district or the Greater London Council may, subject to such conditions as may be approved by the Secretary of State, advance money to any person for the purposes of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 194 of this Act specifying the grounds mentioned in subsection (2)(d) of that section as, or as one of, the grounds of objection if, in the case of a hereditament, its annual value does not exceed such amount as may be prescribed for the purposes of section 192(4)(a) of this Act.

Recovery of compensation etc.

Recovery from acquiring authorities of sums paid by way of compensation

257

(1) Where an interest in land is compulsorily acquired, or is sold to an authority possessing compulsory purchase powers, and any of the land comprised in the acquisition or sale is land in respect of which a notice to which this section applies is registered (whether before of after the completion of the acquisition or sale) in respect of a planning decision or order made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected, the Secretary of State shall, subject to the following provisions of this section, be entitled to recover from the acquiring authority a sum equal to so much of the amount of the compensation specified in the notice as (in accordance with section 158(6) of this Act) is to be treated as attributable to that land.

(2) This section applies to notices registered under subsection (5) of section 158 of this Act and to notices registered under the provisions of that subsection as applied by section 166(5) of this Act.

(3) If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land comprised therein to which a person other than the acquiring authority is entitled, the sum referred to in subsection (1) of this section shall not accrue due until that interest either ceases to exist or becomes vested in the acquiring authority.

(4) No sum shall be recoverable under this section in the case of a compulsory acquisition or sale where the Secretary of State is satisfied that the interest in question is being acquired for the purposes of the use of the land as a public open space.

(5) Where by virtue of the preceding provisions of this section the Secretary of State recovers a sum in respect of any land, by reason that it is land in respect of which a notice is registered under the provisions of section 158(5) of this Act as applied by section 166 of this Act, section 168(2) and (3) of this Act shall have effect in relation to that sum as if it were a sum recovered as mentioned in section 168(2) of this Act.

(6) In this section and in section 258 of this Act "interest" (where the reference is to an interest in land) means the fee simple or a tenancy of the land, and does not include any other interest therein.

Recovery from acquiring authorities of sums paid in respect of war-damaged land

258

(1) Where an interest in land is compulsorily acquired by, or sold to, an authority possessing compulsory purchase powers, and a payment exceeding £20 has become or becomes payable under section 59 of the Act of 1947 in respect of that interest, the Secretary of State shall, subject to the following provisions of this section, be entitled to recover the amount of the payment from the acquiring authority.

(2) If, before 18th November 1952, operations were begun in, on, over or under the land, or a use of the land was instituted, being operations or a use—

(a) in respect of which a development charge has at any time been determined to be payable, or it has at any time been determined that no development charge was payable; or

(b) comprised in a scheme of development exempt from development charge,

subsection (1) of this section shall not apply to so much of any payment referred to in that subsection as was attributable to any land in relation to which the determination was made or, as the case may be, which is included in that scheme of development.

(3) No amount shall be recoverable under this section in respect of any land in relation to which an amount has become recoverable by the Secretary of State under the provisions of section 159 of this Act as applied by section 279 of this Act.

(4) If the acquisition or sale in question does not extend to the whole of the land to which the payment under the said section 59 related, the amount recoverable under this section shall be so much of that payment as, in accordance with subsection (5) of this section, is to be treated as apportioned to the land in which the interest acquired or sold subsists.

(5) For the purposes of this section a payment under section 59 of the Act of 1947 shall be treated as apportioned, as between different parts of the land to which it related, in the way in which it might reasonably be expected to have been so apportioned if, under the scheme made under that section, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it between different parts of that land.

(6) In this section references to a scheme of development exempt from development charge are references to a scheme of development such that, if the operations and uses of land comprised in the scheme had all been begun or instituted before 18th November 1952, all those operations and uses would have been exempt from the provisions of Part VII of the Act of 1947 by virtue of regulations made thereunder; and references to the amount of a payment shall be construed as including any interest payable on the principal amount of the payment.

Sums recoverable from acquiring authorities reckonable for purposes of grant

259

Where a sum is recoverable from an authority under section 257 or 258 of this Act by reference to an acquisition or purchase of an interest in land, and in respect thereof, or of a subsequent appropriation of the land, a grant became or becomes payable to that or some other authority under an enactment, the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.

Expenses and receipts of Ministers

Expenses of government departments

260

(1) The following expenses of the Secretary of State shall be paid out of moneys provided by Parliament, that is to say—

(a) any expenses incurred by the Secretary of State under subsection (2) of section 50 of this Act or under that subsection as applied by subsection (7) of section 63 of this Act, or in the payment of expenses of any committee established under the said section 63 ;

(b) any sums necessary to enable the Secretary of State to make any payments becoming payable by him under Part VII or Part VIII of this Act;

(d) any expenses incurred by the Secretary of State in the making of grants in accordance with regulations made under section 250 of this Act or grants under section 253 of this Act;

(e) subject to the provisions of subsection (4) of section 261 of this Act, any instalment payable by the Secretary of State under subsections (2) and (3) of that section;

(f) any administrative expenses incurred by the Secretary of State for the purposes of this Act.

(2) There shall be paid out of moneys provided by Parliament any expenses incurred by any government department (including the Secretary of State)—

(a) in the acquisition of land under Part VI of this Act;

(b) in the payment of compensation under section 118(4), 237(2) or 281 of this Act;

(d) under section 254 of this Act.

Payments under s.59 of Act of 1947 and Parts I and V of Act of 1954

261

(1) The Secretary of State shall pay out of moneys provided by Parliament any payments falling to be made by him on or after 1st April 1968 under—

(a) section 59 of the Act of 1947 (war-damaged land); or

(b) any provision of Part I or Part V of the Act of 1954.

(2) The aggregate of the sums issued to the Minister of Housing and Local Government or the Central Land Board out of the Consolidated Fund in any financial year ending before the said 1st April under section 64(1) of the Act of 1954 (sums required for making payments under Part I or Part V of the Act of 1954) shall be repaid by the Secretary of State into the National Loans Fund, as mentioned in subsection (3) of this section, with interest thereon at such rate as the Treasury may determine, such interest accruing, in respect of the whole aggregate, from such date in the financial year in which the sums were issued as the Treasury may determine.

(3) The said aggregate shall be repaid by twenty equal annual instalments, of principal and interest combined, falling due on the anniversary of the date determined under subsection (2) of this section, the first such instalment falling due in the financial year next following the financial year in which the sums in question were issued.

(4) Any sums received by the Secretary of State by virtue of—

(a) the provisions of section 159 of this Act, as applied by Schedule 24 to this Act to compensation paid under Part V of the Act of 1954 ; or

(b) the provisions of section 257 of this Act as so applied

shall be paid into the Consolidated Fund.

General provision as to receipts of Secretary of State

262

Without prejudice to section 261 of this Act, and subject to the provisions of section 168 of this Act, any sums received by the Secretary of State under any provision of this Act shall be paid into the Consolidated Fund.

Expenses of county councils and Greater London Council

263

(1) The council of a county may direct that any Expenses of expenses incurred by them under the provisions of this Act county councils specified in Parts I and II of Schedule 21 to this Act shall and Greater be treated as expenses for special county purposes chargeable Council, upon such part of the county as may be specified in the directions.

(2) The Greater London Council may direct that any expenses incurred by them under—

(a) Part II of this Act;

(b) Schedule 3 to this Act;

(d) any of the provisions of this Act specified in Part I of Schedule 21 to this Act;

(e) any other provision of this Act conferring functions on local authorities,

shall be treated as expenses for special London purposes chargeable upon such part of Greater London as may be specified in the directions.

PART XIV — Application of Act to Special Cases

Minerals

Power to modify Act in relation to minerals

264

(1) In relation to development consisting of the winning and working of minerals, the provisions of this Act specified in Parts I and II of Schedule 21 to this Act shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.

(2) In relation to interests in land consisting of or comprising minerals (being either the fee simple or tenancies of such land) and in relation to claims established (as mentioned in section 135(2) of this Act) wholly or partly in respect of such land, the provisions of this Act specified in Part III of Schedule 21 to this Act shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.

(3) Regulations made for the purposes of this section shall be of no effect unless they are approved by resolution of each House of Parliament.

(4) Any regulations made by virtue of subsection (1) of this section shall not apply—

(a) to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes; or

(b) to development consisting of the winning and working of any minerals vested in the National Coal Board, being development to which any of the provisions of this Act relating to operational land of statutory undertakers apply by virtue of regulations made under section 273 of this Act;

and nothing in subsection (1) of this section or in this subsection shall be construed as affecting the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.

Modification of Mines (Working Facilities and Support) Act 1966

265

(1) Where a development plan provides that any land is to be used for the purpose of securing the winning and working of any minerals comprised therein, the provisions of the Mines (Working Facilities and Support) Act 1966 shall have effect in relation to the land subject to such modifications as may be prescribed by regulations made under this Act by the Secretary of State for the Environment and the Secretary of State for Trade and Industry.

(2) Regulations made for the purposes of this section may in particular provide for securing—

(a) that a right to work any minerals in the land may be granted by the High Court under the said Act of 1966 to any person who is desirous of working them, either by himself or through his lessees, and who is unable to obtain the necessary rights by agreement on reasonable terms;

(b) that for the purposes of the determination by the court of an application for any such right, it shall be assumed that the winning and working of the minerals is expedient in the national interest; and

(c) that the compensation or consideration in respect of any such right which is granted by the court shall be assessed having regard to the amount of the compensation which would be payable in respect of a compulsory acquisition of the minerals under Part VI of this Act.

(3) Subsections (3) and (4) of section 264 of this Act shall apply to the provisions of this section and to any regulations made thereunder as they apply to the provisions of subsection (1) of that section and to regulations made by virtue of that subsection.

Crown land

Exercise of powers in relation to Crown land

266

(1) Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—

(a) a plan approved, adopted or made under Part II of this Act or the Greater London development plan may include proposals relating to the use of Crown land, and any power to acquire land compulsorily under Part VI of this Act may be exercised in relation to any interest therein which is for the time being held otherwise than by or on behalf of the Crown;

(b) any restrictions or powers imposed or conferred by Part III, Part IV or Part V of this Act, by the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices, or by any of the provisions of sections 225 to 228 of this Act, shall apply and be exercisable in relation to Crown land, to the extent of any interest therein for the time being held otherwise than by or on behalf of the Crown;

(c) a building which for the time being is Crown land may be included in a list compiled or approved by the Secretary of State under section 54 of this Act.

(2) Except with the consent of the appropriate authority—

(a) no order or notice shall be made or served under any of the provisions of sections 51, 60, 65, 87 or 96 of this Act or under any of those provisions as applied by any order or regulations made under Part IV of this Act, in relation to land which for the time being is Crown land;

(b) no interest in land which for the time being is Crown land shall be acquired compulsorily under Part VI of this Act.

(3) No enforcement notice shall be served under section 87 of this Act in respect of development carried out by or on behalf of the Crown after the appointed day on land which was Crown land at the time when the development was carried out.

(4) No listed building enforcement notice shall be served in respect of works executed by or on behalf of the Grown in respect of a building which was Crown land at the time when the works were executed.

(5) No purchase notice or listed building purchase notice shall be served in relation to any interest in Crown land unless an offer has been previously made by the owner of that interest to dispose of it to the appropriate authority on terms that the price payable for it shall be equal to (and shall, in default of agreement, be determined in like manner as) the compensation which would be payable in respect of that interest if it were acquired in pursuance of a purchase notice, and that offer has been refused by the appropriate authority.

(6) The rights conferred by the provisions of sections 192 to 207 of this Act shall be exercisable by a person who (within the meaning of those provisions) is an owner-occupier of a hereditament or agricultural unit which is Crown land, or is a resident owner-occupier of a hereditament which is Crown land, in the same way as they are exercisable in respect of a hereditament or agricultural unit which is not Crown land, and those provisions shall apply accordingly.

(7) In this Part of this Act "Crown land" means land in which there is a Crown interest or a Duchy interest; "Grown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department; " Duchy interest" means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall; and for the purposes of this section and section 267 of this Act "the appropriate authority", in relation to any land—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land ;

(b) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;

(c) in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(d) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department;

and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

Agreements relating to Crown land

267

(1) The appropriate authority and the local planning authority for the area in which any Crown land is situated may make agreements for securing the use of the land, so far as may be prescribed by any such agreement, in conformity with the provisions of the development plan applicable thereto; and any such agreement may contain such consequential provisions, including provisions of a financial character, as may appear to be necessary or expedient having regard to the purposes of the agreement.

(2) An agreement made under this section by a government department shall not have effect unless it is approved by the Treasury.

(3) In considering whether to make or approve an agreement under this section relating to land belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.

Supplementary provisions as to Crown and Duchy interests

268

(1) Subject to the following provisions of this section—

(a) where there is a Crown, interest in any land, the provisions of Part VII of this Act and of sections 166 to 168 thereof, and the provisions of Schedules 15, 16 and 17 to this Act and the provisions of Schedule 24 to this Act in so far as they relate to Part VII or to sections 166 to 168 of this Act, shall have effect in relation to any private interest or Duchy interest as if the Crown interest were a private interest; and

(b) where there is a Duchy interest in any land, those provisions shall have effect in relation to that interest, and to any private interest, as if the Duchy interest were a private interest.

(2) References in this Act to claims established under Part VI of the Act of 1947 include references to claims so established in accordance with arrangements made under section 88(2) of that Act (which provided for the application of Part VI of that Act to Duchy interests and for the payment of sums in lieu of development charges in respect of such interests); references to development charges include references to sums determined in accordance with such arrangements to be appropriate in substitution for development charges; and references to the amount of an established claim or of a development charge shall be construed accordingly.

(3) Where, in accordance with an agreement under section 267 of this Act, the approval of a local planning authority is required in respect of any development of land in which there is a Duchy interest, the provisions of this Act referred to in subsection (1)(a) of this section shall have effect in relation to the withholding of that approval, or the giving thereof subject to conditions, as if it were a refusal of planning permission, or a grant of planning permission subject to conditions, as the case may be.

(4) In this section "private interest" means an interest which is neither a Crown interest nor a Duchy interest.

Isles of Scilly

Application of Act to Isles of Scilly

269

(1) The Secretary of State shall, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of the provisions of this Act specified in Parts I and II of Schedule 21 to this Act as if those Isles were a separate county.

(2) In relation to land in the Isles of Scilly, the provisions of this Act specified in Part III of the said Schedule shall have effect as if those Isles were a county district and the Council of the Isles were the council of that district.

(3) The Secretary of State, may, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of the provisions of this Act specified in Part IV of the said Schedule as if those Isles were a .separate county or county district.

(4) Any order under subsection (1) or (3) of this section may provide for the application of the provisions there mentioned to the Isles subject to such modifications as may be specified in the order.

Local planning authorities

Application to local planning authorities of provisions as to planning control and enforcement

270

(1) In relation to land of local planning authorities, and to the development by local authorities of land in respect of which they are the local planning authorities, the provisions of this Act specified in Part V of Schedule 21 to this Act shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

(2) Subject to the provisions of section 40 of this Act, any such regulations may in particular provide for securing—

(a) that any application by such an authority for planning permission to develop such land, or for any other consent required in relation to such land under the said provisions, shall be made to the Secretary of State and not to the local planning authority ;

(b) that any order or notice authorised to be made or served under those provisions in relation to such land shall be made or served by the Secretary of State and not by the local planning authority.

(3) Sections 26, 27 and 29(2) and (3) of this Act shall apply, with the necessary modifications, in relation to applications made to the Secretary of State in pursuance of regulations made for the purposes of subsection (1) of this section, as they apply in relation to applications for planning permission which fall to be determined by the local planning authority.

Application to local planning authorities of provisions as to listed buildings

271

(1) In relation to buildings of local planning authorities which are listed, and to the execution of works for their demolition, alteration or extension, the provisions of this Act specified in Part VI of Schedule 21 to this Act shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

(2) Any such regulations may in particular provide for securing—

(a) that any application by such an authority for listed building consent shall be made to the Secretary of State and not to the local planning authority;

(b) that any notice authorised to be served under the said provisions in relation to a listed building belonging to a local planning authority shall be served by the Secretary of State and not by that authority.

Special provisions as to statutory undertakers who are local planning authorities

272

In relation to statutory undertakers who are local planning authorities, section 241 of this Act and the provisions specified in subsection (2) of that section shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

Other special cases

National Coal Board

273

(1) Regulations made under this Act by the Secretary of State for the Environment and the Secretary of State for Trade and Industry with the consent of the Treasury may direct that any of the provisions of this Act specified in Part I of Schedule 21 to this Act or of section 223 of this Act, being provisions relating to statutory undertakers and to land of such undertakers, shall apply, subject to such adaptations, modifications and exceptions as may be specified in the regulations, in relation to the National Coal Board, and in relation to land (including mines) of that Board of any such class as may be specified in the regulations, as if the Board were statutory undertakers and as if land of any class so specified were operational land.

(2) Without prejudice to the generality of subsection (1) of this section, any regulations made thereunder may in particular provide that any compensation payable to the National Coal Board by virtue of any of the provisions applied by the regulations, being compensation which, in the case of statutory undertakers, would be assessable in accordance with the provisions of section 238 of this Act, shall, instead of being assessed in accordance with that section, be assessed in accordance with the provisions of the regulations.

Ecclesiastical property

274

(1) Without prejudice to the provisions of the Acquisition of Land (Authorisation Procedure) Act 1946 with respect to notices served under that Act, where under any of the provisions of this Act a notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Church Commissioners.

(2) Where the fee simple of any ecclesiastical property is in abeyance—

(a) if the property is situated elsewhere than in Wales, then for the purposes of the provisions of this Act specified in Part VII of Schedule 21 to this Act the fee simple shall be treated as being vested in the Church Commissioners;

(b) in any case, the fee simple shall, for the purposes of a compulsory acquisition of the property under Part VI of this Act, be treated as being vested in the Church Commissioners, and any notice to treat shall be served, or be deemed to have been served, accordingly.

(3) Any compensation payable under Part VIII (except sections 171, 172 and 175) or section 212 of this Act in respect of land which is ecclesiastical property shall be paid to the Church Commissioners, to be applied for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising, or disposing of the proceeds of, such a sale.

(4) Any sum which under any of the provisions of this Act specified in Part III of Schedule 21 to this Act is payable in relation to land which is, or on the appointed day was, ecclesiastical property, and apart from this subsection would be payable to an incumbent, shall be paid to the Church Commissioners, to be applied for the purposes mentioned in subsection (3) of this section; and where any sum is recoverable under section 159, 168 or 279 of this Act in respect of any such land, the Church Commissioners may apply any money or securities held by them in the payment of that sum.

(5) In this section "ecclesiastical property" means land belonging to an ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction.

Settled land, and land of universities and colleges

275

(1) The purposes authorised for the application of capital moneys—

(a) by section 73 of the Settled Land Act 1925 and by that section as applied by section 28 of the Law of Property Act 1925 in relation to trusts for sale; and

(b) by section 26 of the Universities and College Estates Act 1925,

and the purposes authorised by section 71 of the Settled Land Act 1925, by that section as so applied, and by section 30 of the Universities and College Estates Act 1925 as purposes for which moneys may be raised by mortgage, shall include the payment of any sum recoverable under section 159, 168 or 279 of this Act.

(2) The classes of works specified in Part II of Schedule 3 to the Settled Land Act 1925 (which specifies improvements which may be paid for out of capital money, subject to provisions under which repayment out of income may be required to be made) shall include works specified by the Secretary of State as being required for properly maintaining a listed building which is settled land within the meaning of that Act.

PART XV — Miscellaneous and Supplementary Provisions

Default powers of Secretary of State

276

(1) If it appears to the Secretary of State, after consultation with the local planning authority, to be expedient that any order to which this subsection applies should be made, he may give directions to the local planning authority requiring them to submit to him such an order for his confirmation, or may himself make such an order; and any order so made by the Secretary of State shall have the like effect as if it had been made by the local planning authority and confirmed by the Secretary of State under Part III or IV of this Act.

(2) Subsection (1) of this section applies to the following orders, that is to say—

(a) orders under section 45 of this Act, or under the provisions of that section as applied by any order or regulations made under Part IV of this Act;

(b) orders under section 51 of this Act;

(3) The provisions of Part III or Part IV of this Act, and of any regulations made thereunder, with respect to the procedure to be followed in connection with the submission by the local planning authority of any order to which subsection (1) of this section applies, with respect to the confirmation of such an order by the Secretary of State, and with respect to the service of copies thereof as so confirmed, shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1) of this section, in relation to the making thereof by the Secretary of State, and in relation to the service of copies thereof as so made.

(4) Without prejudice to subsection (3) of this section, where the Secretary of State proposes under subsection (1) of this section to make any such order as is mentioned in subsection (2)(a) or (b) of this section he shall serve a notice of the proposal on the local planning authority; and if within such period as may be specified in the notice (not being less than twenty-eight days from the date of service) the authority so require, the Secretary of State before making the order shall afford to the authority an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.

(5) If it appears to the Secretary of State, after consultation with the local planning authority, to be expedient that—

(a) a completion notice under section 44 of this Act; or

(b) a notice under section 65 of this Act; or

(c) an enforcement notice under section 87 of this Act, or under the provisions of that section as applied by regulations under section 63 of this Act; or

(d) a stop notice under section 90 of this Act; or

(e) a listed building enforcement notice,

should be served in respect of any land, he may give directions to the local planning authority requiring them to serve such a notice, or may himself serve such a notice; and any notice so served by the Secretary of State shall have the like effect as a notice served by the local planning authority:

Provided that, in relation to an enforcement notice under section 87 of this Act or a listed building enforcement notice which is served by the Secretary of State, the provisions of sections 89 and 91 to 93, or, as the case may be, of sections 98 and 99 of this Act shall apply as if for any reference therein to the local planning authority there were substituted a reference to the Secretary of State.

(6) If the Secretary of State is satisfied, after holding a local inquiry—

(a) that the council of a county, county borough, London borough or county district have failed to take steps for the acquisition of any land which, in the opinion of the Secretary of State, ought to be acquired by that council under section 112 of this Act for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated; or

(b) that a local authority have failed to carry out, on land acquired by them under section 68 of the Act of 1962 or section 112 of this Act or appropriated by them under section 121 of this Act, any development which, in the opinion of the Secretary of State, ought to be carried out,

the Secretary of State may by order require the council or authority to take such steps as may be specified in the order for acquiring the land, or carrying out the development, as the case may be.

(7) Any order under subsection (6) of this section shall be enforceable, on the application of the Secretary of State, by mandamus.

Designation of conservation areas

277

(1) Every local planning authority shall from time to time determine which parts of their area are areas of special, architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and shall designate such areas as conservation areas.

(2) The Secretary of State may, after consultation with a local planning authority, give to that authority such directions as he thinks necessary with respect to the exercise of their functions under subsection (1) of this section; and it shall be the duty of the authority to comply with any such directions.

(3) Before making a determination under this section, a local planning authority in Greater London shall consult with the other local planning authority or authorities for the area to which the proposed determination relates, and a local planning authority outside Greater London shall consult with the council of each county district of which any part is included in that area.

(4) The local planning authority shall give notice to the Secretary of State of the designation of any conservation area, and of any variation or cancellation of any such designation, with sufficient particulars to identify the area affected, and shall cause the like notice to be published in the London Gazette and in at least one newspaper circulating in the area of the local planning authority.

(5) Where any area is for the time being designated as a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in that area, of any powers under this Act, Part I of the Historic Buildings and Ancient Monuments Act 1953 or the Local Authorities (Historic Buildings) Act 1962.

(6) The local planning authority for the purpose of this section shall, in Greater London, be the Greater London Council and also, in relation to a London borough, the council of that borough.

Assumptions as to planning permission in determining value of interests in land

278

(1) In any case where the value or depreciation in value of an interest in land falls to be determined on the assumption that planning permission would be granted for development of any class specified in Schedule 8 to this Act, it shall be further assumed, as regards development of any class specified in paragraph 1 or 3 of that Schedule, that such permission would; be granted subject to the condition set out in Schedule 18 to this Act.

(2) In the application of the said Schedule 8 for the purposes of any determination to which subsection (1) of this section applies—

(a) paragraph 3 of that Schedule shall be construed as not extending to works involving any increase in the cubic content of a building erected after the appointed day (including any building resulting from the carrying out of such works as are described in paragraph 1 of that Schedule); and

(b) paragraph 7 of that Schedule shall not apply to any such building.

(3) For the purposes of subsections (1) and (2) of this section, so far as applicable to any determination of existing use value as defined in section 187(5) of this Act, references to Schedule 8 to this Act, and to paragraphs 1, 3 and 7 of that Schedule, shall be construed as references to Schedule 3 to the Act of 1947 and to the corresponding paragraphs of that Schedule; and that Schedule shall have effect as if it contained a paragraph corresponding to paragraph 13 of Schedule 8 to this Act.

(4) Except as provided in section 168(4) of this Act, nothing in the preceding provisions of this section or in paragraph 13 of Schedule 8 affects the meaning of "new development" in this Act or any determination to be made for the purpose of Part VIX of this Act.

(5) For the avoidance of doubt it is hereby declared that where, under any provision of this Act, the value of an interest in land is required to be assessed on the assumption that planning permission would be granted for development of any class specified in Schedule 8 to this Act, that assumption is to be made on the footing that any such development must comply with the provisions of any enactment, other than this Act, which would be applicable to it.

Recovery, on subsequent development, of payments in respect of war-damaged land

279

(1) In relation to notices registered under section 57 of the Act of 1954 (which provided for the registration of notices of payments made under section 59 of the Act of 1947) the provisions of sections 159 and 160 of this Act shall have effect (subject to the following provisions of this section) as they have effect in relation to notices Registered under section 158 of this Act.

(2) The said provisions shall have effect as mentioned in subsection (1) of this section, but as if—

(a) any reference therein to the compensation specified in a notice were a reference to the payment so specified; and

(b) section 159 of this Act applied to every description of new development.

(3) No amount shall be recoverable by the Secretary of State by virtue of this section in respect of any land in relation to which an amount has become recoverable under section 258 of this Act.

(4) Subsection (5) of section 258 of this Act shall apply for the purposes of this section as it applies for the purposes of that section.

Rights of entry

280

(1) Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—

(a) the preparation, approval, adoption, making or amendment of a structure plan or local plan relating to the land under Part II of this Act, including the carrying out of any survey under that Part;

(b) any application under Part III or sections 60 or 63 of this Act, or under any order or regulations made thereunder, for any permission, consent or determination to be given or made in connection with that land or any other land under Part III or either of those sections of this Act or under any such order or regulations;

(c) any proposal by the local planning authority or by the Secretary of State to make or serve any order or notice under Part III (other than section 44), Part IV or Part V of this Act, or under any order or regulations made thereunder or any notice under section 115 of this Act.

(2) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying any building thereon in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 54 of this Act.

(3) Any person duly authorised in writing by the Secretary of State or a local planning authority may at any reasonable time enter any land for the purpose of ascertaining whether, with respect to any building on the land, an offence has been, or is being, committed under section 55 or 98 of, or Schedule 11 to, this Act, or whether the building is being maintained in a proper state of repair.

(4) Any person duly authorised in writing by the Secretary of State or a local authority may at any reasonable time enter any land for the purpose of ascertaining whether—

(a) an offence appears to have been committed under section 57 of this Act; or

(b) any of the functions conferred by section 101 or 103 of this Act should or may be exercised in connection with the land,

or for the purpose of exercising any of those functions in connection with the land.

(5) Any person, being an officer of the Valuation Office or a person duly authorised in writing by the Secretary of State, may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation under Part VII of this Act in respect of that land or any other land.

(6) Any person, being an officer of the Valuation Office or a person duly authorised in writing by a local planning authority, may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land, being compensation payable by the local planning authority under Part VIII of this Act (other than section 175), under section 212(5) of this Act or under Part XI of this Act (other than section 237(2) or 238(1)(c))

(7) Any person, being an officer of the Valuation Office or a person duly authorised in writing by a local authority or Minister authorised to acquire land under section 112 or 113 of this Act, and any person duly authorised in writing by a local authority having power to acquire land under Part VI of this Act, may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, or in connection with any claim for compensation in respect of any such acquisition.

(8) Any person duly authorised in writing by the Secretary of State or by a local planning authority may at any reasonable time enter any land in respect of which an order or notice has been made or served as mentioned in subsection (1)(c) of this section, for the purpose of ascertaining whether the order or notice has been complied with.

(9) Subject to the provisions of section 281 of this Act, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.

Supplementary provisions as to rights of entry

281

(1) A person authorised under section 280 of this Act to enter any land shall, if so required, produce evidence of his authority before so entering, and shall not demand admission as of right to any land which is occupied unless twenty-four hours' notice of the intended entry has been given to the occupier.

(2) Any person who wilfully obstructs a person acting in the exercise of his powers under section 280 of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding £20.

(3) If any person who, in compliance with the provisions of section 280 of this Act, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises, be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both.

(4) Where any land is damaged in the exercise of a right of entry conferred under section 280 of this Act, or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State or authority on whose behalf the entry was effected.

(5) The provisions of section 179 of this Act shall apply in relation to compensation under subsection (4) of this section as they apply in relation to compensation under Part VIII of this Act.

(6) Where under section 280 of this Act a person proposes to carry out any works authorised by virtue of subsection (9) of that section—

(a) he shall not carry out those works unless notice of his intention to do so was included in the notice required by subsection (1) of this section ; and

(b) if the land in question is held by statutory undertakers, and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

Local inquiries

282

(1) The Secretary of State may cause a local inquiry to be held for the purposes of the exercise of any of his functions under any of the provisions of this Act.

(2) The provisions of subsections (2) to (5) of section 290 of the Local Government Act 1933 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall have effect with respect to any inquiry held by virtue of this section as if the Secretary of State were a department for the purposes of that section.

Service of notices

283

(1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act may be served or given either—

(a) by delivering it to the person on whom it is to be served or to whom it is to be given ; or

(b) by leaving it at the usual or last known place of abode of that person, or, in a case where an address for service has been given by that person, at that address ; or

(c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address ; or

(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2) Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

(a) being addressed to him either by name or by the description of " the owner " or " the occupier ", as the case may be, of the premises (describing them) it is delivered or sent in the manner specified in subsection (1)(a), (b) or (c) of this section ; or

(b) being so addressed, and marked in such manner as may be prescribed by regulations under this Act for securing that it shall be plainly identifiable as a communication of importance, it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.

(3) Where the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land, and it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied, the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to " the owners and any occupiers " of that part of the land (describing it) and is affixed conspicuously to some object on the land.

Power to require information as to interests in land

284

(1) For the purpose of enabling the Secretary of State or a local authority to make an order or serve any notice or other document which, by any of the provisions of this Act, he or they are authorised or required to make or serve, the Secretary of State or the local authority may require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises to state in writing the nature of his interest therein, and the name and address of any other person known to him as having an interest therein, whether as a freeholder, mortgagee, lessee or otherwise.

(2) Any person who, having been required in pursuance of this section to give any information, fails to give that information shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

(3) Any person who, having been so required to give any information, knowingly makes any misstatement in respect thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or both.

Offences by corporations

285

(1) Where an offence under this Act (other than section 57 or paragraph 4 of Schedule 12) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

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

Combined applications

286

(1) Regulations made under this Act may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed by the regulations, of—

(a) an application for planning permission in respect of any development; and

(b) an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.

(2) Before making any regulations under this section, the Secretary of State shall consult with such local authorities or associations of local authorities as appear to him to be concerned.

(3) Different provision may be made by any such regulations in relation to areas in which different enactments are in force.

(4) An application required to be made to a local authority under an enactment specified in any such regulations shall, if made in accordance with the provisions of the regulations, be valid notwithstanding anything in that enactment prescribing, or enabling any authority to prescribe, the form in which, or the manner in which, such an application is to be made.

(5) Subsection (4) of this section shall have effect without prejudice to—

(a) the validity of any application made in accordance with the enactment in question ; or

(b) any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates,

(6) 5 In this section " application " includes a submission.

Regulations and orders

287

(1) The Secretary of State may make regulations under this Act—

(a) for prescribing the form of any notice, order or other document authorised or required by any of the provisions of this Act to be served, made or issued by any local authority;

(b) for any purpose for which regulations are authorised or required to be made under this Act, not being a purpose for which regulations are authorised or required to be made by another Minister.

(2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this Act (except regulations which, by virtue of any provision of this Act, are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any power conferred by any of the provisions of this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

(4) The power to make orders under sections 1(2), 21, 22(2)(f), 24, 55(3), 69, 73(6), 74(4)(b), 75(8), 192(4)(a) and 269 of this Act shall be exercisable by statutory instrument.

(5) Any statutory instrument—

(a) which contains an order under subsection (2) of section 1 of this Act which has been made after a local inquiry has been held in accordance with the proviso to that subsection; or

(b) which contains a development order or an order under section 69, 73(6), 75(8) or 192(4)(a) of this Act,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Without prejudice to subsection (5) of this section, where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 22 to this Act) the order shall not have effect until that provision is approved by a resolution of each House of Parliament.

(7) Any order under this Act which designates an area for the purposes of section 74(4)(b) of this Act shall cease to have effect at the end of the period of twenty-eight days beginning with the day on which the order is made (but without prejudice to anything previously done under the order or to the making of a new order) unless before the end of that period the order is approved by a resolution of each House of Parliament.

(8) In reckoning any period for the purposes of subsection (7) of this section, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(9) Any order under section 69, 73(6), 74(4)(b) or 75(8) of this Act may contain such supplementary and incidental provisions as may appear to the Secretary of State to be appropriate.

(10) Any power (exercisable in accordance with section 294(2) of this Act) to make regulations or orders under this Act before the date of the commencement of this Act shall include power, by any regulations or order so made, to revoke any regulations or order made under any of the enactments which, as from that date, are repealed by this Act or having effect by virtue of any of those enactments as if made thereunder.

Licensing planning areas

288

(1) Where the united district for which, by an order under section 1 of this Act, a joint planning board is constituted comprises a licensing planning area, or the whole or part of such a united district is included in a licensing planning area, the Secretary of State may by order revoke or vary any order in force under Part VII of the Licensing Act 1964 so far as may be necessary or expedient in consequence of the order under section 1 of this Act.

(2) Subject to subsection (1) of this section, nothing in any order made under section 1 of this Act shall affect the validity of any order in force under Part VII of the Licensing Act 1964 if made before the date of the order under section 1 of this Act.

Act not excluded by special enactments

289

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