Town and Country Planning Act 1971

For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of the Act of 1947, or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 & 11 Geo. 6, for authorising or regulating any development of the land.

Interpretation

290

• (1) In this Act, except in so far as the context otherwise requires and subject to the transitional provisions hereinafter contained, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• " acquiring authority ", in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;

• " the Act of 1944 " means the Town and Country Planning Act 1944;

• " the Act of 1947 " means the Town and Country Planning Act 1947;

• " the Act of 1954 " means the Town and Country Planning Act 1954;

• " the Act of 1959 " means the Town and Country Planning Act 1959;

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

• " the Act of 1968 " means the Town and Country Planning Act 1968;

• " advertisement " means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the preceding provisions of this definition), includes any hoarding or similar structure used, or adapted for use, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

• " agriculture " includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly;

• " the appointed day " means 1st July 1948 ;

• " the appropriate Minister " has the meaning assigned to it by section 224 of this Act;

• " area of extensive war damage " and " area of bad layout or obsolete development " mean respectively an area consisting of land shown to the satisfaction of the Secretary of State to have sustained war damage or, as the case may be, to be badly laid out or of obsolete development, or consisting of such land together with other land contiguous or adjacent thereto, being in each case land comprised in an area which is defined by a development plan as an area of comprehensive development;

• " authority possessing compulsory purchase powers ", in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition, and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected, or a body (being a parish council or parish meeting or the council of a borough included in a rural district) on whose behalf a county council could be or have been so authorised;

• " authority to whom Part II of the Act of 1959 applies " means a body of any of the descriptions specified in Part I of Schedule 4 to the Act of 1959;

• " bridleway " has the same meaning as in the Highways Act 1959;

• " building " (except in sections 73 to 86 of this Act and Schedule 12 there(a) includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;

• " buildings or works " includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly;

• " building operations " includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder;

• " caravan site " has the meaning assigned to it by section 1(4) of the Caravan Sites and Control of Development Act 1960;

• " clearing ", in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation thereto as may be prescribed;

• " common " includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

• " compulsory acquisition " does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;

• " conservation area " means an area designated under section 277 of this Act;

• " development " has the meaning assigned to it by section 22 of this Act, and "develop" shall be construed accordingly;

• " development order " has the meaning assigned to it by section 24 of this Act;

• " development plan " (subject to section 21 of, and paragraphs 1 and 8 of Schedule 6 to, this Act) shall be construed in accordance with section 20 of this Act;

• " disposal " means disposal by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other manner, except by way of appropriation, gift or mortgage, and " dispose of " shall be construed accordingly;

• " enactment " includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, bye-law or scheme made under an Act of Parliament;

• " enforcement notice " means a notice under section 87 of this Act;

• " engineering operations " includes the formation or laying out of means of access to highways ;

• " erection ", in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;

• " established use certificate " has the meaning assigned to it by section 94 of this Act;

• " footpath " has the same meaning as in the Highways Act 1959;

• " fuel or field garden allotment " means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• " functions " includes powers and duties ;

• " government department " includes any Minister of the Crown;

• " the Greater London development plan " (except in Part II of Schedule 5 to this Act) means the development plan submitted to the Minister of Housing and Local Government under section 25 of the London Government Act 1963 and approved by the Secretary of State under section 5 of the Act of 1962 or the corresponding provision of this Act;

• " highway " has the same meaning as in the Highways Act, 1959;

• " improvement ", in relation to a highway, has the same meaning as in the Highways Act 1959 as amended by the Highways Act 1971;

• " industrial development certificate " has the meaning assigned to it by section 67 of this Act;

• " joint planning board " has the meaning assigned to it by section 1 of this Act;

• " land " means any corporeal hereditament, including a building, and, in relation to the acquisition of land under Part VI of this Act, includes any interest in or right over land;

• " lease " includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage, and "leasehold interest" means the interest of the tenant under a lease as so defined;

• " listed building " has the meaning assigned to it by section 54(9) of this Act;

• " listed building consent " has the meaning assigned to it by section 55(2) of this Act;

• " listed building enforcement notice " has the meaning assigned to it by section 96 of this Act;

• " listed building purchase notice " has the meaning assigned to it by section 190 of this Act;

• " local authority " (except in section 215 of this Act) means the council of a county, county borough or county district, the Greater London Council, the council of a London borough and any other authority (except the Receiver for the Metropolitan Police District) who are a local authority within the meaning of the Local Loans Act 1875 and includes any river authority, any drainage board and any joint board or joint committee if all the constituent authorities are local authorities within the meaning of that Act;

• " local highway authority " means a highway authority other than the Secretary of State;

• " local planning authority " has the meaning assigned to it by section 1 of, and Schedule 3 to, this Act;

• " London borough " includes the City of London, references to the council of a London borough or the clerk to such a council being construed, in relation to the City, as references to the Common Council of the City and the town clerk of the City respectively ;

• " means of access " includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;

• " minerals " includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale ;

• " Minister " means any Minister of the Crown or other government department;

• " mortgage " includes any charge or lien on any property for securing money or money's worth;

• " new development " has the meaning assigned to it by section 22(5) of this Act;

• " open space " means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

• " operational land " has the meaning assigned to it by section 222 of this Act;

• " owner ", in relation to any land, means (except in sections 27 and 29 of this Act) a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let;

• " planning decision " means a decision made on an application under Part III of this Act;

• " planning permission " means permission under Part III of this Act, and in construing references to planning permission to develop land or to carry out any development of land, or to applications for such permission, regard shall be had to section 32(2) of this Act;

• " planning permission granted for a limited period " has the meaning assigned to it by section 30(2) of this Act;

• " prescribed " (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

• " previous apportionment ", in relation to an apportionment for any of the purposes of the relevant provisions, means an apportionment made before the apportionment in question, being— an apportionment for any of the purposes of the relevant provisions as made, confirmed or varied by the Lands Tribunal on a reference to that Tribunal; or an apportionment for any of those purposes which might have been referred' to the Lands Tribunal by virtue of any of the relevant-provisions, where the time for such a- reference has expired without its being required to be so referred, or where, after it had been so referred, the reference was withdrawn before the Tribunal gave their decision thereon; or an apportionment made by or with the approval of the Central Land Board in connection with the approval by the Board, under section 2(2) of the Town and Country Planning Act 1953 of an assignment of part of the benefit of an established claim (as defined by section 135(4) of this Act), and in this definition " the relevant provisions " means my of the provisions of Part VII of this Act or of Part VI of the Act of 1962, any of those provisions as applied by any other provision of this Act or that Act, and any of the provisions of the Act of 1954;

• " purchase notice " has the meaning assigned to it by section 180 of this Act;

• " relocation of population or industry ", in relation to any area, means the rendering available elsewhere than in that area (whether in an existing community or a community to be newly established) of accommodation for residential purposes or for the carrying on of business or other activities, together with all appropriate public services, facilities for public worship, recreation and amenity, and other requirements, being accommodation to be rendered available for persons or undertakings who are living or carrying on business or other activities in that area or who were doing so but by reason of war circumstances are no longer for the time being doing so, and whose continued or resumed location in that area would be inconsistent with the proper planning thereof;

• " replacement of open space ", in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;

• " statutory undertakers " means persons authorised by any enactment, to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water, and "statutory undertaking" shall be construed accordingly;

• " stop notice " has the meaning assigned to it by section 90 of this Act;

• " tenancy " has the same meaning as in the Landlord and Tenant Act 1954;

• " tree preservation order " has the meaning assigned to it by section 60 of this Act;

• " use ", in relation to land, does not include the use of land for the carrying out of any building or other operations thereon;

• " Valuation Office " means the Valuation Office of the Inland Revenue Department;

• " Wales " includes Monmouthshire and references to England shall be construed accordingly ;

• " war damage " has the same meaning as in the War Damage Act 1943.

• (2) If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury; and if any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

• (3) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

• (4) With respect to references in this Act to planning decisions—

• (a) in relation to a decision altered on appeal by the reversal or variation of the whole or part thereof, such references shall be construed as references to the decision as so altered;

• (b) in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Secretary of State on the appeal;

• (c) in relation to a decision given on an appeal in the circumstances mentioned in section 37 of this Act, such references shall be construed as references to the decision so given;

• (d) the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the local planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 37 of this Act, the time when in accordance with that section notification of a decision of the local planning authority is deemed to have been received.

• (5) Subject to section 43(1) of this Act, for the purposes of this Act development of land shall be taken to be initiated—

• (a) if the development consists of the carrying out of operations, at the time when those operations are begun;

• (b) if the development consists of a change in use, at the time when the new use is instituted;

• (c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in the preceding paragraphs.

• (6) In relation to the sale or acquisition of an interest in land, references in this Act to a contract are references to a contract in writing, or a contract attested by a memorandum of note thereof in writing signed by the parties thereto or by some other person or persons authorised by them in that behalf, and, where the interest is or was conveyed or assigned without a preliminary contract, are references to the conveyance or assignment; and references to the making of a contract are references to the execution thereof or (if it was not in writing) to the signature of the memorandum or note by which it was attested.

• (7) In this Act—

• (a) references to a person from whom tide is derived by another person include references to any predecessor in tide of that other person ;

• (b) references to a person deriving title from another person include references to any successor in title of that other person;

• (c) references to deriving title are references to deriving title either directly or indirectly.

• (8) References in this Act to any of the provisions in Part V or VI of Schedule 21 to this Act include, except where the context otherwise requires, references to those provisions as modified under section 270 or 271 of this Act.

• (9) References in this Act to any enactment shall, except where the context otherwise requires, be onstrued as references to that enactment as amended by or under any other enactment, including this Act.

Consequential amendments

291

• (1) The enactments specified in Schedule 23 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.

• (2) References in any Act to the acquisition of land under Part V of the Act of 1962 or to land acquired thereunder (including references which, by Schedule 14 to that Act, are to be construed as such) shall be respectively construed as, or as including (according as the context requires) references to the acquisition of land under Part VI of this Act and to land acquired thereunder.

Transitional provisions, savings and repeals

292

• (1) The transitional provisions and savings contained in Schedule 24 to this Act shall have effect.

• (2) Subject to the provisions of that Schedule, the enactments specified in Schedule 25 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Saving for Interpretation Act 1889 s.38

293

The inclusion in this Act of any express savings, transitional provision or amendment shall not be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).

Commencement

294

• (1) Except as provided in section 21 of this Act and subject to the following provisions of this section, this Act shall come into operation on 1st April 1972 (in this section referred to as " the commencement date ").

• (2) This section, any provisions of this Act which confer any power to make regulations or orders, or which (whether expressly or as construed in accordance with section 32(3) of the Interpretation Act 1889) confer any power to revoke or vary any regulations or orders, and any provisions of this Act relating to the exercise of any such power, shall come into operation on the passing of this Act; but no regulations or order shall be made under this Act so as to come into operation before the commencement date.

• (3) In subsection (2) of this section the reference to provisions of this Act relating to the exercise of any such power as is therein mentioned includes a reference to any provisions of this Act whereby statutory instruments containing regulations or an order are subject to annulment in pursuance of a resolution of either House of Parliament, or whereby any regulations or order or any provisions thereof require the approval of each of those Houses.

• (4) Any reference in this Act to the commencement of this Act is a reference to the coming into operation of so much of this Act as comes into operation on the commencement date, and any reference to the date of the commencement of this Act is a reference to that date; and if any Act passed after the passing of this Act refers to the commencement of this Act, subsections (2) and (3) of this section and section 21 of this Act shall be disregarded for the purpose of construing that reference in accordance with section 36 of the Interpretation Act 1889 (which relates to the meaning of " commencement" with reference to an Act).

• (5) The preceding provisions of this section shall have effect without prejudice to the generality of section 37 of the Interpretation Act 1889 (which relates to the exercise of statutory powers between the passing and the commencement of an Act).

Short title and extent

295

• (1) This Act may be cited as the Town and Country Planning Act 1971.

• (2) This Act, except so far as it relates to the House of Commons Disqualification Act 1957 or (by Schedule 23) amends any enactment which extends to Scotland or Northern Ireland, extends to England and Wales only.

SCHEDULE 1

1

A joint planning board constituted by an order under section 1 of this Act shall consist of such number of members as may be determined by the order, to be appointed by the constituent councils.

2

A joint planning board so constituted shall be a body corporate, with perpetual succession and a common seal.

3

An order constituting a joint planning board and any order amending or revoking any order constituting a joint planning board—

• (a) may, without prejudice to the provisions of section 293 of the Local Government Act 1933 (which authorises the application of the provisions of that Act to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent councils ;

• (b) may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and apportionments of liabilities ;

• (c) may contain such other provisions as appear to the Secretary of State to be expedient for enabling the board to exercise their functions ; and

• (d) may apply to the board, with any necessary modifications and adaptations, any of the provisions of Schedule 2 to this Act.

SCHEDULE 2

PART I — Planning Committees

1

A local planning authority may establish such planning committees as they think it expedient to establish for the efficient discharge of their functions as a local planning authority, and may authorise any such committee to exercise on their behalf any of those functions, except the power to borrow money or to levy or issue a precept for a rate.

2

A planning committee of a local planning authority may, subject to any restrictions imposed by the local planning authority—

• (a) appoint such sub-committees constituted in such manner as the committee may determine ; and

• (b) authorise any such sub-committee to exercise any of the functions of the committee on their behalf.

3

A majority of every planning committee of a local planning authority shall be members of the authority, and a majority of every sub-committee of any such committee shall be members either of the local planning authority or of the councils of county districts comprised in the area of that authority.

4

Any power conferred by this Part of this Schedule to establish or appoint committees or sub-committees, or to authorise such committees or sub-committees to exercise any functions, shall include power to dissolve or alter the constitution of such committees or sub-committees, and to revoke or vary any such authorisation.

PART II — Joint Advisory Committees

5

Any two or more local planning authorities may, with the approval of the Secretary of State, concur in establishing a joint advisory committee for the purpose of advising those authorities as to the preparation of structure plans and local plans and generally as to the planning of development in their areas ; and any such committee shall be constituted in such manner as may be determined by the authorities by whom it was established :

6

If it appears to the Secretary of State to be expedient that a joint advisory committee of any two or more local planning authorities should be established in accordance with paragraph 5 of this Schedule, he may, after consultation with those authorities, by order establish such a committee, and any such order may—

• (a) provide for the reference to the committee of such matters as may be specified in the order ;

• (b) make such incidental and consequential provisions (including provision for the payment of expenses of the committee and the transfer and compensation of officers) as appear to the Secretary of State to be expedient.

7

Any power conferred by this Part of this Schedule to establish committees or to authorise such committees to exercise any functions shall include power to dissolve or alter the constitution of such committees, and to revoke or vary any such authorisation.

8

The provisions of this Part of this Schedule shall be in addition to and not in substitution for the provisions of the Local Government Act 1933 with respect to the appointment by local authorities of joint committees.

SCHEDULE 3

Local planning authorities

1

Subject to paragraphs 2 and 5 of this Schedule, the Greater London Council is the local planning authority for Greater London as a whole.

2

• (1) Subject to paragraph 3 of this Schedule, to Schedule 4 and to Part II of Schedule 5 to this Act, for all purposes of this Act the local planning authority as respects any London borough is the council of the borough ; and—

• (a) any application uner Part III of this Act for planning permission for any development; and

• (b) any application uner Part IV of this Act for listed building consent,

shall be made to, and, subject to paragraph 3 of this Schedule, section 35 of this Act and paragraph 4 of Schedule 11 to this Act, shall be determined by such as may be appropriate of those councils.

• (2) Except in any case or class of cases with respect to which the Greater London Council otherwise direct, the council of each London borough shall cause a copy of every decision made by them on an application mentioned in this paragraph to be sent to the Greater London Council, together with a copy of the application and such other information relating thereto and to the decision as the Greater London Council may reasonably require.

3

• (1) This paragraph applies to development of such a class, in such area of Greater London, as may be prescribed.

• (2) In relation to development to which this paragraph applies, the Greater London Council shall be the local planning authority for all relevant purposes of this Act other than—

• (a) sections 94 and 95 ; and

• (b) the reception of applications for, or with respect to the need for, planning permission for such development.

• (3) Subject to paragraph 5 of this Schedule, a council by whom there is received—

• (a) any application for planning permission for development to which this paragraph applies ; or

• (b) any application under section 53 of this Act in a case in which it appears to that council that the proposed action to which the application relates would constitute or involve such development if it constituted or involved development at all,

shall forward the application to the Greater London Council, who shall deal with it in like manner as if it had been made to them.

• (4) Development to which this paragraph applies by the Greater London Council shall be deemed, for the purposes of section 270 of this Act, to be development by the Council of land in respect of which they are the local planning authority.

• (5) Without prejudice to paragraph 5 of this Schedule, the Greater London Council may in any particular case by instrument in writing authorise the council of a London borough to discharge on their behalf any functions under sections 87 to 95 and section 177 of this Act with respect to development to which this paragraph applies.

4

The Greater London Council shall, as respects any London borough, have concurrently with the local planning authority the functions of a local planning authority under sections 58, 96 to 100, 173 and 271 of this Act, and references in those provisions to the local planning authority shall be construed accordingly.

Delegation of functions

5

Section 5(1) of the London Government Act 1963 shall not apply to any functions of the Greater London Council under this Act, but the Greater London Council may, with the consent of the Secretary of State, and shall if so required by the Secretary of State, delegate to the council of a .London borough any of those functions so far as exerciseable in that borough, and any council to whom functions are so delegated shall perform those functions on behalf of the Greater London Council.

6

The Greater London Council may agree with the council of a London borough for the transfer to the council of the borough of any liability of the Greater London Council to pay compensation under this Act in respect of anything done by the council of the borough in the exercise of functions delegated to them under paragraph 5 of this Schedule and for the transfer of any officers of any of those councils; and any such agreement shall include provisions in accordance with section 85(3) of the London Government Act 1963 for the protection of the interests of such officers.

Reference of applications for planning permission to Secretary of State and Greater London Council

7

Without prejudice to his powers, by virtue of section 31(1) or 35 of this Act, the Secretary of State may by regulations make with respect to applications for planning permission for development in Greater London provision for particular applications or applications of a particular class to be referred before they are dealt with by the local planning authority—

• (a) in the case of an application falling to be dealt with by the Greater London Council, to the Secretary of State ;

• (b) in the case of an application falling to be dealt with by the council of a London borough—

• (i) to the Greater London Council;

• (ii) in such cases as the regulations may prescribe, to the Secretary of State ;

• (c) in the case of an application referred to the Greater London Council by virtue of sub-paragraph (b)(i) of this paragraph, to the Secretary of State,

and for the giving to the referring council by the Greater London Council or, as the case may be, the Secretary of State, of directions as to the manner in which the application is to be dealt with.

Interpretation of references to local planning authorities in other enactments

8

In relation to land in a London borough—

• (a) references to local planning authorities in any of the following enactments, that is to say—

• (i) sections 33 and 34 of, and Schedule 2 to, the Electricity Act 1957;

• (ii) section 108 of, and Schedule 12 to, the Highways Act 1959;

• (iii) Schedule 1 to the Pipe-lines Act 1962,

shall be construed as including references to the Greater London Council but not to the council of a London borough;

• (b) the reference in section 86(4) of the Transport Act 1962 to the local planning authority to whom application is made for permission for the development in question shall be construed as a reference to the local planning authority by whom that application falls to be dealt with;

• (c) references in section 3(2) of the Acquisition of Land (Authorisation Procedure) Act 1946, as applied by section 15 of the Opencast Coal Act 1958, to the local planning authority shall be construed as including references both to the Greater London Council and the council of the London borough;

• (d) any reference in section 17 or 20 of the Caravan Sites and Control of Development Act 1960 to the local planning authority shall be construed as a reference to the council of a London borough ;

• (e) any reference in Part III of the Land Compensation Act 1961 to the local planning authority shall be construed as a reference to the council of a London borough, but that council shall consult with the Greater London Council before issuing a certificate under section 17 of that Act in any case where an application for planning permission for any development to which the certificate would relate would fall to be dealt with by the Greater London Council.

SCHEDULE 4

Survey of planning areas

1

The matters to be examined and kept under review under section 6 of this Act by the Greater London Council shall be such of the matters mentioned in that section as they think fit, or, in the case of a fresh survey under section 6(2) of this Act instituted in pursuance of a direction of the Secretary of State, such matters as may be specified in the direction.

2

The matters to be so examined or kept under review by a London borough council shall be such of the matters mentioned in the said section 6 as have not been examined or kept under review by the Greater London Council, such other matters as they may be required by the Greater London Council to examine or keep under review or, in the case of a fresh survey under the said section 6(2) instituted in pursuance of a direction of the Secretary of State, such matters as may be specified in the direction.

3

Any survey by a London borough council under section 6 of this Act shall be carried out on such lines as the Greater London Council may direct.

Structure plans

4

The Greater London development plan shall be treated for the purposes of this Act as a structure plan for Greater London approved under section 9 of this Act and may be altered under section 10 of this Act accordingly; and the Secretary of State may direct that any area or part of an area indicated by the plan (as originally approved under section 5 of the Act of 1962 or the corresponding provision of this Act) as an area intended for comprehensive development, redevelopment or improvement as a whole shall be treated for those purposes as an action area.

5

The structure plan required by section 7 of this Act to be prepared for any area by a London borough council shall include a restatement of so much of the provisions of the Greater London development plan, with any alterations and additions consistent with the latter plan which appear to them to be necessary or expedient, as is applicable to that area.

6

A London borough council shall send any report and structure plan prepared by them under the said section 7 to the Greater London Council for submission to the Secretary of State, and the Greater London Council shall send them on to the Secretary of State within such period as he may allow, with any observations of theirs thereon.

7

The information on which a London borough council's policy and general proposals formulated under section 7(3) of this Act are based shall include any information which the council obtain in pursuance of a direction of the Greater London Council.

8

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

9

Before giving a direction to a London borough council under section 7(4) of this Act the Secretary of State shall consult the Greater London Council and the London borough council with respect to the proposed direction.

Alterations to structure plans

10

A direction under section 10(1) of this Act to a London borough council may, instead of being given by the Secretary of State, be given by the Greater London Council with the approval of the Secretary of State.

11

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

12

The report required by section 10 of this Act to be sent by a London borough council with the proposals submitted by them under that section shall include a report of any review by the Greater London Council of the relevant matters on which the proposals are based.

13

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

Local plans

14

Notwithstanding anything in Schedule 3 to this Act, the Greater London Council shall not under section 11 of this Act prepare a local plan for any part of Greater London other than a plan for an action area, but the foregoing provision shall not be construed as precluding them from preparing a local plan for any area by virtue of section 17 of this Act.

15

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

16

References in section 11(6) and (9) of this Act to a structure plan shall, in relation to a local plan prepared for an action area or for an area which is to be treated as an action area by a London borough council, be construed as. including references to the Greater London development plan.

17

The duty of the Secretary of State under section 11(10) of this Act to consult a local planning authority with respect to a direction which he proposes to give them shall, where the authority is a London borough council, include a duty to consult the Greater London Council with respect to the direction.

18

On sending a copy of a local plan to the Secretary of State under section 12(2) of this Act a London borough council shall also send a copy of the plan to the Greater London Council.

19

Section 15(3) of this Act shall, in its application to proposals made by a London borough council for the alteration of a local plan, have effect as if the reference to a provision of section 11 or 12 of this Act were a reference to that provision as modified by paragraphs 16 to 18 of this Schedule.

SCHEDULE 5

PART I — General

Surveys of planning areas and preparation of development plans

1

• (1) Any local planning authority who have not submitted to the Secretary of State a development plan for their area shall carry out a survey of their area and shall, within such period as the Secretary of State may in any particular case allow, submit to the Secretary of State a report of the survey together with a development plan for their area.

• (2) Subject to the following provisions of this Part of this Schedule, in this Act " development plan " means a plan indicating the manner in which a local planning authority propose that land in their area should be used, whether by the carrying out thereon of development or otherwise, and the stages by which any such development should be carried out.

• (3) Subject to the provisions of any regulations made under this Act for regulating the form and content of development plans, any such plan shall include such maps and such descriptive matter as may be necessary to illustrate the proposals in question with such degree of particularity as may be appropriate to different parts of the area ; and any such plan may in particular define the sites of proposed roads, public and other buildings and works, airfields, parks, pleasure grounds, nature reserves and other open spaces, or allocate areas of land for use for agricultural, residential, industrial or other purposes of any class specified in the plan.

• (4) For the purposes of this paragraph, a development plan may define as an area of comprehensive development any area which, in the opinion of the local planning authority, should be developed or redeveloped as a whole for any one or more of the following purposes, that is to say—

• (a) for the purposes of dealing satisfactorily with extensive war damage or conditions of bad lay-out or obsolete development; or

• (b) for the purpose of providing for the relocation of population or industry or the replacement of open space in the course of the development or redevelopment of any other area; or

• (c) for any other purpose specified in the plan;

and land may be included in any area so defined whether or not provision is made by the plan for the development or redevelopment of that particular land.

• (5) At any time before a development plan with respect to the whole of the area of a local planning authority has been approved by the Secretary of State, that authority may, with the consent of the Secretary of State, and shall, if so required by directions of the Secretary of State/prepare and submit to him a development plan relating to part of that area ; and the preceding provisions of this paragraph shall apply in relation to any such plan as they apply in relation to a plan relating to the whole of the area of a local planning authority.

Approval of development plans

2

The Secretary of State may approve any development plan submitted to him under paragraph 1 of this Schedule, either without modification or subject to such modifications as he considers expedient.

Amendment of development plans

3

• (1) At least once in every five years after the date on which a development plan for any area was approved by the Secretary of State, the local planning authority shall carry out a fresh survey of that area, and (subject to paragraph 1 of Schedule 7 to this Act) submit to the Secretary of State a report of the survey, together with proposals for any alterations or additions to the plan which appear to diem to be required having regard thereto.

• (2) Without prejudice to the provisions of sub-paragraph (1) of this paragraph, any local planning authority may (subject to paragraph 1 of Schedule 7 to this Act) at any time, and shall if so required by directions of the Secretary of 'State, submit to the Secretary of State proposals for such alterations or additions to the development plan for their area or any part thereof as appear to them to be expedient, or as may be required by those directions, as the case may be.

• (3) Where proposals for alterations or additions to a development plan are submitted to the Secretary of State under this paragraph, the Secretary of State may amend that plan to such extent as he considers expedient having regard to those proposals and to any other material considerations.

• (4) Where in accordance with the provisions of paragraph 1(5) of this Schedule a development plan has been prepared for part of the area of a local planning authority, and has been approved by the Secretary of State, then (without prejudice to the provisions of sub-paragraph (2) .of this paragraph) the periods of five years mentioned in sub-paragraph (1) of this paragraph shall run from the date on which development plans in respect of the whole of the area have been approved by the Secretary of State.

Additional powers of Secretary of State with respect to development plans

4

• (1) Where, by virtue of any of the preceding provisions of this Schedule or of any directions of the Secretary of State thereunder, any development plan, report or proposals for alterations or additions to a development plan are required to be submitted to the Secretary of State, then—

• (a) if within the period allowed in that behalf under those provisions or directions no such plan, report or proposals, or no such plan or proposals satisfactory to the Secretary of State, have been so submitted; or

• (b) if at any time the Secretary of State is satisfied, after holding a local inquiry, that the local planning authority are not taking the steps necessary to enable them to submit such a plan, report or proposals within that period,

the Secretary of State may, after carrying out any survey which appears to him to be expedient for the purpose, make such development plan, or, as the case may be, amend the development plan to such extent, as he considers expedient.

• (2) Where, under sub-paragraph (1) of this paragraph, the Secretary of State has power to make or amend a development plan, he may, if he thinks fit, authorise the local planning authority for any neighbouring area, or any other local planning authority which appears to the Secretary of State to have an interest in the proper planning of the area concerned, to submit such a plan to him for his approval, or as the case may be, to submit to him proposals for the amendment of the plan, and to carry out any survey of the land which appears to him to be expedient for the purpose.

• (3) The Secretary of State may approve any plan submitted to him under sub-paragraph (2) of this paragraph, either without modification or subject to such modifications as he considers expedient, or, as the case may be, may amend any development plan, with respect to which proposals for amendment have been submitted to him under that sub-paragraph to such extent as he considers expedient having regard to those proposals and to any other material considerations.

• (4) The preceding provisions of this Schedule shall, so far as applicable, apply to the making, approval or amendment of development plans under this paragraph, and to plans so made, approved or amended, as they apply to the approval or amendment of development plans under those provisions, and to plans approved or amended thereunder.

• (5) Where the Secretary of State incurs expenses under this paragraph in connection with the making or amendment of a plan with respect to the area, or any part of the area, of a local planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

• (6) Where, under this paragraph, a plan, or proposals for the amendment of a plan, are authorised to be submitted to the Secretary of State by the local planning authority for any area other than the area in which the land is situated, any expenses reasonably incurred in that behalf by that authority, as certified by the Secretary of State, shall be repaid to that authority by the local planning authority for the area in which the land is situated.

Incorporation in development plans of orders and schemes relating to highways and new towns

5

• (1) Where the Secretary of State—

• (a) makes an order under section 7 of the Highways Act 1959 directing that a highway proposed to be constructed by him shall become a trunk road ; or

• (b) makes or confirms an order or scheme under section 9, 11 or 13 of that Act,

any development plan approved or made under this Schedule which relates to land on which a highway is to be constructed or altered in accordance with that order or scheme shall have effect as if the provisions of that order or scheme were included in the plan.

• (2) Where an order is made by the Secretary of State under section 1 of the New Towns Act 1965 designating an area as the site of a new town under that Act, any development plan approved or made under this Schedule which relates to land in that area shall have effect as if the provisions of that order were included in the plan.

• (3) Nothing in this paragraph shall be construed as prohibiting the inclusion in a development plan, as approved or made by the Secretary of State or as for the time being amended, of provisions—

• (a) defining the line of a highway proposed to be constructed or altered in accordance with any such order or scheme as is mentioned in sub-paragraph (1) of this paragraph ; or

• (b) defining an area designated as the site of a new town by any such order as is mentioned in sub-paragraph (2) of this paragraph; or

• (c) defining land as likely to be made the subject of any such order or scheme as is mentioned in either of those sub-paragraphs.

• (4) Provision may be made by regulations under this Act for enabling any proceedings preliminary to the making of any such order as is mentioned in sub-paragraph (1)(a) or (2) of this paragraph, to be taken concurrently with proceedings required under this Schedule to be taken in connection with the approval or making of a development plan relating to land to which any such order applies, or in connection with any amendment of a development plan rendered necessary or desirable in consequence of any such order.

Supplementary provisions as to development plans

6

• (1) A local planning authority, before preparing a development plan relating to any land in a county district, or proposals for alterations or additions to any such plan, shall consult with the council of that district, and shall, before submitting any such plan or proposals to the Secretary of State, give to that council an opportunity to make representations with respect thereto and shall consider any representations so made.

• (2) Provision may be made by regulations under this Act with respect to the form and content of development plans, and with respect to the procedure to be followed in connection with title preparation, submission, approval, making and amendment of such plans ; and such regulations shall in particular make provision for securing—

• (a) that notice shall be given by advertisement in the London Gazette, and in at least one newspaper circulating in the area concerned, of the submission to the Secretary of State of any such plan, or of proposals for the amendment of any such plan, and of any proposal by the Secretary of State to make or amend such a plan, and of the place or places where copies of the plan or proposals as so submitted, or of any such proposal of the Secretary of State, may be inspected;

• (b) that objections and representations duly made in accordance with the regulations shall be considered, and that such local inquiries or other hearings as may be prescribed shall be held, before such a plan is approved, made or amended by the Secretary of State ; and

• (c) that copies of any such plan as approved or made by the Secretary of State, including any amendments thereof, shall be available for inspection by the public, and that copies thereof (including reproductions, on such scale as may be appropriate, of any relevant maps) shall be available for sale to the public at a reasonable cost.

• (3) If, as the result of any objections or representations considered, or local inquiry or other hearing held, in connection with a development plan or proposals for amendment of such a plan submitted to or prepared by the Secretary of State under this Schedule, the Secretary of State is of opinion that the local planning authority, or any other authority or person, ought to be consulted before he decides whether to approve or make the plan, either with or without modifications, or to amend the plan, as the case may be, he shall consult that authority or person but shall not be under any obligation to consult any other authority or person, or to afford any opportunity for further objections or representations, or to cause any further local inquiry or other hearing to be held.

• (4) Subject to the preceding provisions of this paragraph, the Secretary of State may give directions to any local planning authority, or to local planning authorities generally—

• (a) for formulating the procedure for the carrying out of their functions under the preceding provisions of this Schedule ;

• (b) for requiring them to give him such information as he may require for the purpose of the exercise of any of his functions under those provisions.

Publication and date of operation of development plans

7

• (1) Immediately after a development plan has been approved or made or amended by the Secretary of State under this Schedule, the local planning authority shall publish, in such manner as may be prescribed, a notice stating that the plan has been approved, made or amended, as the case may be, and naming a place where a copy of the plan or of the plan as amended, may be seen at all reasonable hours, and shall serve a like notice—

• (a) on any person who duly made an objection to, or representation with respect to, the proposed plan or amendment, and has sent to the local planning authority a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service ; and

• (b) on such other persons (if any) as may be required by general or special directions given by the Secretary of State.

• (2) Subject to the provisions of Part XII of this Act as to the validity of development plans and of amendments of such plans, a development plan, or an amendment of a development plan, shall become operative on the date on which the notice required by sub-paragraph (1) of this paragraph is first published.

PART II — Greater London

Development plans

8

• (1) In the application of this Schedule to Greater London, paragraphs 1(1) and (5) and 3(1) and (2) shall-not apply but the provisions of this and the next following paragraph shall have effect in place thereof.

• (2) Subject to the provisions of any order under section 84 of the London Government Act 1963, any development plans under the Act of 1962 operative on 31st March 1965 which relate, or so far as they relate, to any part of Greater London shall together constitute as from 1st April 1965 the initial development plan for Greater London.

• (3) The Greater London Council shall cause to be carried out a survey of Greater London and shall, within such period as the Secretary of State may allow, submit to the Secretary of State a report of that survey and a general development plan for Greater London, to be known as the Greater London development plan, which, subject to any regulations made (by virtue of paragraph 10(5)(e) of this Schedule) under paragraph 6 of this Schedule, shall lay down considerations of general policy with respect to the use of land in the various parts of Greater London, including in particular guidance as to the future road system, and may make any necessary consequential modifications in the initial development plan aforesaid; and as from the date when the Greater Loudon development plan becomes operative, that plan and the initial development plan aforesaid with any modifications therein made by the Greater London development plan shall together constitute the interim development plan for Greater London.

• (4) Within such period as the Secretary of State may allow after the Greater London development plan becomes operative, each London borough council shall as respects their borough carry out on behalf of the Greater London Council such further survey, if any, as the borough council may consider necessary or as the Greater London Council may direct, and submit to the Greater London Council a report on any such further survey and a local development plan which, subject to any such regulations as aforesaid, shall restate as respects the borough the relevant provisions of the initial development plan aforesaid as modified by the Greater London development plan with any alterations and additions appearing to them necessary or expedient which are consistent with the Greater London development plan; and, without prejudice to paragraph 10(1) of this Schedule, the Greater London Council shall within such further period as the Secretary of State may allow forward any such reports and those local development plans to the Secretary of State with any observations thereon by that Council.

• (5) The development plan for the purposes of this Act for any London borough shall be the following, as amended from time to time by virtue of any provision of paragraphs 9 and 10 of this Schedule, that is to say—

• (a) as from 1st April 1965 until the Greater London development plan becomes operative, the relevant provisions of the initial development plan aforesaid ;

• (b) as from the date when the Greater London development plan becomes operative until the date when the local development plan submitted by the borough council becomes operative, the relevant provisions of the interim development plan aforesaid;

• (c) as from the date when the said local development plan becomes operative, that plan together with the Greater London development plan.

Amendment of development plans

9

• (1) The Greater London Council shall from time to time cause fresh surveys of Greater London to be carried out and, not less than once in every five years after the approval of the Greater London development plan by the Secretary of State (but subject to paragraph 1 of Schedule 7 to this Act), submit to the Secretary of State a report of any such surveys together with proposals for any alterations or additions to that plan which appear to that Council to be required having regard to those surveys.

• (2) Without prejudice to the provisions of the foregoing sub-paragraph, the Greater London Council may (subject to paragraph 1 of the said Schedule 7) at any time, and shall at any time when so directed by the Secretary of State, submit to the Secretary of State proposals for such alterations or additions as appear to the Council to be expedient or as may be required by that direction—

• (a) in the case of proposals made before the date of the Secretary of State's approval of the Greater London development plan, to the initial development plan referred to in paragraph 8(2) of this Schedule ; or

• (b) in the case of proposals made after that date, to the Greater London development plan.

• (3) After the Greater London development plan has become operative, the council of any London borough may (subject to paragraph 1 of the said Schedule 7) at any time, and shall at any time when so directed by the Secretary of State or, with the approval of the Secretary of State, by the Greater London Council, after carrying out on behalf of the Greater London Council such, if any, fresh survey of the borough as may appear to the borough council to be expedient or as may be required by that direction, submit to the Greater London Council proposals for such alterations or additions as may appear expedient or as may be so required—

• (a) in the case of proposals made before the date of the Secretary of State's approval of their local development plan under paragraph 8(4) of this Schedule, to the initial development plan aforesaid as modified by the Greater London development plan ; or

• (b) in the case of proposals made after that date, to that local development plan ;

and, without prejudice to paragraph 10(1) of this Schedule, the Greater London Council shall, within such time as the Secretary of State may allow, forward any such proposals to the Secretary of State together with any observations thereon by that Council.

Supplementary provisions as to development plans

10

• (1) If any local development plan submitted to the Greater London Council under paragraph 8(4) of this Schedule, or any proposal so submitted under paragraph 9(3) of this Schedule, contains any provision which in the opinion of the Greater London Council involves a departure from the Greater London development plan, that Council may, if they think fit, require the council submitting the plan or proposal to reconsider that provision within such period as maybe specified in the requirement, and thereupon—

• (a) unless within the period so specified the submitting council agree that the provision involves such a departure, the question shall be referred to the Secretary of State for decision ;

• (b) if the submitting council agree as aforesaid, or if on such a reference to the Secretary of State the Secretary of State decides that the provision involves such a departure, the Greater London Council may if they think fit cause that provision to be struck out from the local development plan or proposal for the purpose of its consideration by the Secretary of State ;

• (c) if on such a reference to the Secretary of State the Secretary of State decides that the provision does not involve such a departure, the provision shall be included in the local development plan or proposal for the purpose of its consideration by the Secretary of State, but the Secretary of State, if so required by the Greater London Council, shall afford that Council an opportunity to make further observations thereon.

• (2) Any survey under paragraph 8(3) or 9(1) of this Schedule shall, unless for special reasons the Greater London Council decide to carry it out themselves, be carried out on behalf of that Council by the London borough councils as respects their respective areas ; and subject to sub-paragraph (6) of this paragraph any such survey and any survey under paragraph 8(4) or 9(3) of this Schedule shall be carried out on such lines as the Greater London Council may direct.

• (3) The Greater London Council, before preparing the Greater London development plan or any proposals under paragraph 9(1) or (2) of this Schedule, shall consult with the London borough councils or, in the case of any such proposals, with such of those councils as are affected by the proposals, and before submitting the plan or proposals to the Secretary of State shall give to each of those councils an opportunity to make representations with respect to the plan or proposals and shall consider any representations so made.

• (4) A London borough council—

• (a) when preparing their local development plan under paragraph 8(4) or any proposal under paragraph 9(3) of this Schedule shall give to the Greater London Council any information which that Council may require with respect to the matters to be included in that plan or proposal; and

• (b) before submitting that plan or proposal to the Greater London Council shall give that Council an opportunity to make representations in the light of that information and shall consider any representations so made.

• (5) The following provisions of Part I of this Schedule, that is to say—

• (a) paragraph 1(2), (3) and (4);

• (b) paragraph 2 ;

• (c) paragraph 3(3);

• (d) paragraph 4 ;

• (e) paragraph 6(2) and (3) ;

• (f) paragraph 7,

shall apply for the purposes of paragraphs 8 and 9 of this Schedule with the modifications specified in sub-paragraph (7) of this paragraph as if any report or plan submitted or forwarded under paragraph 8(3) or (4) of this Schedule were a report or plan submitted under paragraph 1(1) of this Schedule and any report or proposal submitted or forwarded under paragraph 9 of this Schedule were a report or proposal submitted under paragraph 3 of this Schedule.

• (6) Paragraph 6(4) of this Schedule shall not apply to Greater London but, subject to any express provision contained in or having effect by virtue of this paragraph or paragraphs 8 or 9 of this Schedule, the Secretary of State may give directions—

• (a) to the Greater London Council with respect to the form and content of any directions by the Greater London Council under sub-paragraph (2) of this paragraph ;

• (b) to that Council and to any London borough council—

• (i) with respect to the procedure for the carrying out of the functions exercisable under or by virtue of those paragraphs by any of those councils ; and

• (ii) with respect to the furnishing to the Secretary of State by those councils of information required for the purpose of the functions exercisable under or by virtue of those paragraphs by the Secretary of State.

• (7) In the application by virtue of sub-paragraph (5) of this paragraph of the provisions of this Schedule hereinafter mentioned—

• (a) any reference in paragraph 1(4) to the opinion of the local planning authority shall be construed as a reference to the opinion of either the Greater London Council or the council of the London borough in which the land in question is situated;

• (b) the reference in paragraph 4(1)(b) to the local planning authority shall be construed as a reference to any of the following councils, that is to say, the Greater London Council and the London borough councils, by whom there fall to be taken the steps necessary to enable the plan, report or proposal in question to be submitted within the period in question;

• (c) the reference in paragraph 4(4) to the preceding provisions of this Schedule shall be construed as including a reference to the provisions of paragraphs 8 and 9 of this Schedule and sub-paragraphs (1) to (4) of this paragraph ;

• (d) any reference in paragraph 6(2) or (3) to objections or representations shall be construed as a reference only to objections or representations arising from—

• (i) any addition, modification or alteration to the initial development plan referred to in paragraph 8(2) of this Schedule which is proposed to be effected by the Greater London development plan or which is proposed under paragraph 9(2)(a) of this Schedule ;

• (ii) any addition or alteration to the initial development plan aforesaid as modified by the Greater London development plan which is proposed to be effected by any local development plan forwarded to the Secretary of State under paragraph 8(4) of this Schedule or which is proposed under paragraph 9(3)(d) thereof ;

• (iii) any alteration or addition to the Greater London development plan proposed under paragraph 9(1) or (2)(b) of this Schedule ;

• (iv) any alteration or addition to such a local development plan as aforesaid proposed under paragraph 9(3)(b) of this Schedule ;

• (e) the reference in paragraph 7(1) to the local planning authority shall be construed—

• (i) in relation to any amendment of the initial development plan aforesaid made before the Greater London development plan becomes operative or made by the Greater London development plan, as a reference to the Greater London Council;

• (ii) in relation to any amendment of the provisions with respect to any London borough of the initial development plan aforesaid as modified by the Greater London development plan, as a reference to the council of that borough ;

• (iii) in relation to the Greater London development plan, as a reference to the Greater London Council;

• (iv) in relation to a local development plan under paragraph 8(4) of this Schedule, as a reference to the council of the London borough in question.

SCHEDULE 6

1

After section 147(5) there shall be inserted the following subsection:—

(5A) Except in relation to Greater London, the reference in subsection (4) of this section to the development plan for the area in which the land is situated is a reference to the development plan for that area as approved by the Secretary of State or, if the plan so approved has been amended by the Secretary of State, to that plan as so amended.

2

For section 242(1)(a) there shall be substituted:—

(a) a development plan or an amendment of a development plan, whether before or after it has been approved or made ; or

.

3

For subsections (1) and (2) of section 244 there shall be substituted:—

(1) If any person aggrieved by a development plan, or by an amendment of a development plan, desires to question the validity thereof or of any provision contained therein on the grounds that it is not within the powers of this Act, or that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the approval or making of the plan, or, as the case may be, in relation to the making of the amendment, he may, within six weeks from the date on which the notice required by paragraph 7(1) of Schedule 5 to this Act is first published, 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 suspend the operation of the plan or amendment, as the case may be, or of any provision contained therein, 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 or amendment, or any provision contained therein, 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 requirement of this Act or of any regulation made thereunder, may quash the plan or amendment or any provision contained therein, either generally or in so far as it affects any property of the applicant.

and in subsections (3), (4) and (5) of the said section 244 for the words " structure plan" there shall be substituted the words " development plan ".

4

In section 255(2)(a) for the words " a structure plan or local plan under Part II of this Act" there shall be substituted the words " a development plan under Schedule 5 to this Act ".

5

For section 266(1)0) there shall be substituted:—

(a) a development plan approved or made under Part I of Schedule 5 to 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 ;

6

After section 279 there shall be inserted the following sections:—

(279A) Where, in accordance with the provisions of Part IIL Part IV or Part V of this Act, a local planning authority are required to have regard to the provisions of the development plan in relation to the exercise of any of their functions, then, in relation to the exercise of those functions during any period before such a plan has become operative with respect to the area of that authority, the authority— (a) shall have regard to any directions which may be or have been given to them by the Secretary of State as to the provisions to be included in such a plan ; and (b) subject to any such directions, shall have regard to the provisions which in their opinion will be required to be so included for securing the proper planning of their area.

and section 3(6) of this Act shall have effect in relation to any reference to the local planning authority in the said section 279A.

7

For section 280(1)(a) there shall be substituted:—

(a) the preparation, approval, making or amendment of a development plan relating to the land under Schedule 5 to this Act, including the carrying out of any survey under that Schedule;

8

In section 290(1), for the definition of " development plan there shall be substituted:—

• ' development plan ' has the meaning assigned to it by paragraphs 1 and 8 of Schedule 5 to this Act, and includes a plan made in accordance with sub-paragraph (5) of the said paragraph 1 ;

9

In Schedule 2, in paragraph 5, for the words " structure plans and local plans " there shall be substituted the words " development plans ".

10

In Schedule 3, in paragraph 7, there shall be added at the end the words " ; and in particular the Secretary of State shall make regulations under this paragraph with respect to any application which the local planning authority consider should be granted for permission for development inconsistent with the Greater London development plan referred to in paragraph 8(3) (or, as respects any period before that plan becomes operative, with the initial development plan referred to in paragraph 8(2)) of Schedule 5 to this Act

11

In Part I of Schedule 21 after the words " Schedules 1 and 2 " there shall be inserted the words " Part I of Schedule 5 ".

SCHEDULE 7

1

Until the repeal of Part I of Schedule 5 to this Act and, where applicable, paragraph 8 of that Schedule as respects any district (whether the whole or part of the area of a local planning authority), proposals for any alterations or additions to a development plan in force in the area consisting of or comprising that district shall not without the approval of the Secretary of State be submitted to him under paragraph 3 or 9 of that Schedule.

2

On the repeal of the said Part I and, where applicable, the said paragraph 8 as respects any district, the development plan which was in force in the area consisting of or comprising that district immediately before the repeal takes effect (hereafter in this Schedule referred to as "the old development plan") shall, subject to the following provisions of this Schedule, continue in force as respects that district and be treated for the purposes of this Act, any other enactment relating to town and country planning, the Land Compensation Act 1961, the Land Commission Act 1967 and the Highways Act 1959 as being comprised in, or as being, the development plan therefor.

3

Subject to the following provisions of this Schedule, where by virtue of paragraph 2 of this Schedule the old development plan for any district is treated as being comprised in a development plan for that district and there is a conflict between any of its provisions and those of the structure plan for that district, the provisions of the structure plan shall be taken to prevail for the purposes of Parts III, IV, V, VI, VII and IX of this Act and Schedule 11 to this Act.

4

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

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

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

5

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

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

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

6

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

7

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

8

Any reference in the preceding provisions of this Schedule to a development plan shall as respects any district in Greater London, be construed as a reference to the initial development plan within the meaning of paragraph 8 of Schedule 5 to this Act, the Greater London development plan and any development plan prepared for the area consisting of or comprising that district by the council of the relevant London borough.

9

Any reference in paragraphs 1 and 2 of this Schedule to the repeal of Part I of Schedule 5 to this Act or paragraph 8 of that Schedule shall, in a case where that repeal is brought into force by an order under section 21 of this Act on different days, be construed as a reference to a repeal of such of the provisions of the said Part I or the said paragraph 8 as may be specified in the order.

10

In relation to any development plan continued in force by virtue of this Schedule, sections 242 and 244 of this Act shall have effect with the same substitutions as are specified in paragraphs 2 and 3 of Schedule 6 to this Act.

SCHEDULE 8

PART I — Development not Ranking for Compensation under s.169

1

The carrying out of any of the following works, that is to say—

• (a) the rebuilding, as often as occasion may require, of any building which was in existence on the appointed day, or of any building which was in existence before that day but was destroyed or demolished after 7th January 1937, including the making good of war damage sustained by any such building;

• (b) the rebuilding, as often as occasion may require, of any building erected after the appointed day which was in existence at a material date ;

• (c) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building, or which do not materially affect the external appearance of the building and (in either case) are works for making good war damage,

so long as (in the case of works falling within any of the preceding sub-paragraphs) the cubic content of the original building is not exceeded—

• (i) in the case of a dwellinghouse, by more than one-tenth or 1,750 cubic feet, whichever is the greater ; and

• (ii) in any other case, by more than one-tenth.

2

The use as two or more separate dwellinghouses of any building which at a material date was used as a single dwellinghouse.

PART II — Development Ranking for Compensation under s.169

3

The enlargement, improvement or other alteration, as often as occasion may require, of any such building as is mentioned in paragraph 1(a) or (b) of this Schedule, or any building substituted for such a building by the carrying out of any such operations as are mentioned in that paragraph, so long as the cubic content of the original building is not increased or exceeded—

• (a) in the case of a dwellinghouse, by more than one-tenth or 1,750 cubic feet, whichever is the greater ; and

• (b) in any other case, by more than one-tenth.

4

The carrying out, on land which was used for the purposes of agriculture or forestry at a material date, of any building or other operations required for the purposes of that use, other than operations for the erection, enlargement, improvement or alteration of dwellinghouses or of buildings used for the purposes of market gardens, nursery grounds or timber yards or for other purposes not connected with general farming operations or with the cultivation or felling of trees.

5

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.

6

In the case of a building or other land which, at a material date, was used for a purpose falling within any general class specified in the Town and Country Planning (Use Classes for Third Schedule Purposes) Order 1948, or which having been unoccupied on and at all times since the appointed day, was last used (otherwise than before 7th January 1937) for any such purpose, the use of that building or land for any other purpose falling within the same general class.

7

In the case of any building or other land which, at a material date, was in the occupation of a person by whom it was used as to part only for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on the appointed day, or on the day thereafter when the building began to be so used, or, as the case may be, one-tenth of the area of the land so used on that day.

8

The deposit of waste materials or refuse in connection with the working of minerals, on any land comprised in a site which at a material date was being used for that purpose, so far as may be reasonably required in connection with the working of those minerals.

PART III — Supplementary Provisions

9

Any reference in this Schedule to the cubic content of a building shall be construed as a reference to that content as ascertained by external measurement.

10

Where, after the appointed day, any buildings or works have been erected or constructed, or any use of land has been instituted, and any condition imposed under Part III of this Act, limiting the period for which those buildings or works may be retained, or that use may be continued, has effect in relation thereto, this Schedule shall not operate except as respects the period specified in that condition.

11

For the purposes of paragraph 3 of this Schedule—

• (a) the erection, on land within the curtilage of any such building as is mentioned in that paragraph, of an additional building to be used in connection with the original building shall be treated as the enlargement of the original building ; and

• (b) where any two or more buildings comprised in the same curtilage are used as one unit for the purposes of any institution or undertaking, the reference in that paragraph to the cubic content of the original building shall be construed as a reference to the aggregate cubic content of those buildings.

12

In this Schedule " at a material date" means at either of the following dates, that is to say—

• (a) the appointed day ; and

• (b) the date by reference to which this Schedule falls to be applied in the particular case in question :

13

• (1) In relation to a building erected after the appointed day, being a building resulting from the carrying out of any such works as are described in paragraph 1 of this Schedule, any reference in this Schedule to, the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.

• (2) This paragraph has effect subject to section 278(4) of this Act.

SCHEDULE 9

Determination of appeals by appointed person

1

• (1) An appeal to which this Schedule applies, being an appeal of a prescribed class, shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

• (2) Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

• (3) This paragraph shall not affect any provision contained in this Act or any instrument thereunder that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

Powers and duties of person determining appeal

2

• (1) A person appointed under this Schedule to determine an appeal shall have the like powers and duties in relation to the appeal as the Secretary of State under whichever are relevant of the following provisions, that is to say—

• (a) in relation to appeals under section 36 subsections (3) and (5) of that section ;

• (b) in relation to appeals under section 88 subsections (4) to (6) of that section ;

• (c) in relation to appeals under section 95 subsections (2) and (3) of that section ;

• (d) in relation to appeals under section 97 subsections (4) and (5) of that section ;

• (e) in relation to appeals under section 103 sections 88(4) and (5) of this Act;

• (f) in relation to appeals under paragraph 8 of Schedule 11 to this Act, sub-paragraph (3) of that paragraph.

• (2) The provisions of sections 36(4), 88(2), 95(4), 97(2) and paragraph 8(4) of Schedule 11 to this Act relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an appeal which falls to be determined by a person appointed under this Schedule but before the determination of any such appeal the Secretary of State shall, unless (in the case of an appeal under section 36) the appeal is referred to a Planning Inquiry Commission under section 48 of this Act, ask the applicant or appellant, as the case may require, and the local planning authority whether they wish to appear before and be heard by the person so appointed, and—

• (a) the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid; and

• (b) the person so appointed shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.

• (3) Where an appeal to which this Schedule applies has been determined by a person appointed under this Schedule, his decision shall be treated as that of the Secretary of State and—

• (a) except as provided by Part XII of this Act, the validity of his decision shall not be questioned in any proceedings whatsoever;

• (b) it shall not be a ground of application to the High Court under section 245 of this Act, or of appeal to the High Court under section 246 or 247 thereof, that the appeal ought to have been determined by the Secretary of State and not by that person, unless the challenge to the person's power to determine the appeal was made (either by the appellant or the local planning authority) before his decision on the appeal was given.

• (4) Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating to an appeal to which this Schedule applies, or to any thing done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal, then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by a person appointed under this Schedule, as a reference to that person.

Determination of appeals by Secretary of State

3

• (1) The Secretary of State may, if he thinks fit, direct that an appeal, which by virtue of paragraph 1 of this Schedule and apart from this sub-paragraph, falls co be determined by a person appointed by the Secretary of State shall instead be determined by the Secretary of State.

• (2) A direction under this paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the applicant or appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to taka into account under section 29(3)(a) of this Act.

• (3) Where in consequence of a direction under this paragraph an appeal to which this Schedule applies falls to be determined by the Secretary of State, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.

• (4) Where in consequence of a direction under this paragraph the Secretary of State determines an appeal himself, he shall, unless (in the case of an appeal under section 36) the appeal is referred to a Planning Inquiry Commission under section 48 of this Act, afford to the applicant or appellant, the local planning authority and any person who has made any such representations as aforesaid an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose either—

• (a) if the reasons for the direction raise matters with respect to which either the applicant or appellant, or the local planning authority or any such person, have not made representations; or

• (b) if the applicant or appellant or the local planning authority had not been asked in pursuance of paragraph 2(2) of this Schedule whether they wished to appear before and be heard by a person appointed to hear the appeal, or had been asked that question and had expressed no wish in answer thereto, or had expressed a wish to appear and be heard as aforesaid, but had not been afforded an opportunity of doing so.

• (5) Except as provided by sub-paragraph (4) of this paragraph, where the Secretary of State determines an appeal in consequence of a direction under this paragraph he shall not be obliged to afford any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made; and in determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.

Appointment of another person to determine appeal

4

• (1) Where the Secretary of State has appointed a person to determine an appeal under this Schedule the Secretary of State may, at any time before the determination of the appeal, appoint another person to determine it instead of the first-mentioned person.