An Act to consolidate certain enactments relating to town and country planning (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances) with amendments to give effect to recommendations of the Law Commission.
In the United Kingdom, the Town and Country Planning Act 1990 contains 15 parts with 337 sections, plus 17 Schedules, and serves as an incomplete, but expansive code of planning regulations in England and Wales.
Part I, planning authorities
Subsections 1 and 2 set out that county and district (county and county borough in Wales) councils are Local Planning Authorities ('LPA's) in non-metropolitan counties; that metropolitan district councils (usually unitary authorities) are LPAs in metropolitan counties and that different authorities govern Greater London and the Isles of Scilly. This is subject to sections 2 and 9. Subsection 1(3) states: "In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities." and is subject to Sch. 1. Subsection 1 (4) deals with mineral planning authorities. The exercise of functions in Wales is subject to Schedule 1A. This section is subject to sections 4A to 8.
Section 2 allows the Secretary of State to join council planning authorities into joint planning boards.
Under section 2A the Mayor of London may in circumstances prescribed in the Town and Country Planning (Mayor of London) Order 2008/580 or directions under that order, direct that he is to be the local planning authority to determine an application made under s 70 or s 73. Under section 2B the Mayor of London is to have regard to guidance issued by the Secretary of State, must give reasons, and must at that time send a copy of the direction to the applicant and the Secretary of State. The Mayor may also become the planning authority for a connected application for Listed Building, Conservation Area, or hazardous substances consent if he so considers. Under section 2C the Mayor of London after granting outline permission, may pass the determination of reserved matters on to the original LPA (i.e. London Borough or Corporation of London). He may also do this for connected applications he grants 'subject to subsequent approval'. Section 2D enables secondary legislation related to the Mayor's planning powers. Section 2E passes the function from the LPA to the Mayor of agreeing on a Planning Obligation related to the direction above after that time. The Mayor must consult the LPA before agreeing to one and both the LPA and Mayor may enforce it. Section 2F states that before determining an application, the Mayor of London must give the applicant and the local planning authority to whom the application was made an opportunity, with at least 14 days' notice, to make oral representations at a hearing (“a representation hearing”). The Mayor must publish a procedural document for this.
Section 3 retains the advisory joint planning committee for Greater London.
Section 4A says that National Park Authorities (not all National Parks) are the sole local planning authority for the area of the Park except for functions in ss 198 to 201, 206 to 209, and 211 to 215 where the district planning authority for an area in the park shall share functions with the national park authority, who in such cases retain all their legal functions. Section 5 makes a similar provision as 4A for the Broads Authority for land in that area. However, only for Chapter I of Part VIII (Trees: Ss 197-214D) and sections 249, 250, and 300. Section 6 makes a similar provision as 4A for Enterprise Zone Authorities for land in that area for such functions as a statutory Order may prescribe. Sections 7 to 8A make similar provisions as 4A for Urban Development Corporations under the Local Government, Planning and Land Act 1980, Housing Action Trusts under Housing Act 1988 and the Urban Regeneration Agency under the Leasehold Reform, Housing and Urban Development Act 1993 for their respective areas to the extent an appropriate order directs.
Section 9 creates the power to make consequential and supplementary provisions about authorities for land in that area for such functions as a statutory order may prescribe.
Part II is now repealed and replaced by the Planning and Compulsory Purchase Act 2004. It used to concern larger scale Development Plans, particularly Unitary Development Plans in metropolitan areas including London, and, for non-metropolitan areas, Structure Plans and Local Plans.
Part III's concern with control over development focuses on effectively putting into public ownership, under democratically accountable regulation, all significant construction or demolition decisions by private landowners. This was seen necessary to ensure that private development did not run contrary to the community's interest. Section 59 states that "The Secretary of State shall by ... “development order”... provide for the granting of planning permission." An initial application maybe for Outline Planning Permission as this allows the applicant to see whether an application is likely to be accepted before carrying out the costly work of preparing a full application. This will mean that there are other "reserved matters" to be resolved through one or more further applications.[1]
Section 73 allows applicants to request the variation or removal of conditions on a previous permission.[2]
Section 78 allows applicants to appeal against decisions on applications, or the non-determination of applications.
Section 106
Section 106 of the Act, in conjunction with DoE Circular 5/05, allows for local planning authorities and persons interested in land to agree contributions, arrangements and restrictions as Planning Agreements or Planning Obligations. Applicants can offer such agreements unilaterally or negotiate and agree them as support for their application to make it accord with local planning requirements, but without some of the rigorous controls of Planning Conditions under s 70(1).
It relates to money paid by developers to local planning authorities in order to offset the costs of the external effects of development. For example, if a developer were to build 100 new houses, there would be effects on local schools, roads etc., which the local authority would have to deal with. In that situation, there might be a Section 106 agreement as part of the granting of planning permission. The agreement might also entail provisions about production of social housing. The developer might agree to make a contribution towards the provision of new schools or traffic calming on local roads.
Section 106A has the effect that any modification or discharge of a s 106 Agreement must be agreed by deed between the parties and in accordance with s 106B. It creates the right to apply in a prescribed form to modify a s 106 agreement once five years has passed since the agreement, or such shorter period as secondary legislation may prescribe. It prevents one applicant applying for a modification which may become enforceable against others who have not applied.
It clarifies that s 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.
Section 106B contains the right of the applicant to appeal against the decision or non-determination of a local planning authority under s 106A to the Secretary of State. Section 106B states "before determining the appeal the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose". It states "the determination of an appeal by the Secretary of State under this section shall be final". Schedule 6 applies to determine how the appeal is heard and by whom.
Parts IV and V, Compensation
Sections 107 to 118 deal with compensation for effects of certain orders, notices etc. The Planning and Compensation Act 1991 repealed sections 113 and 114, and all of Part V, in sections 119 to 136. It previously dealt with compensation for restrictions on new developments in limited cases.
Part VI, right to be purchased
Sections 137 to 171 deal with rights of the owner to require purchase of interests. Namely, interests affected by planning decisions or orders in certain circumstances and interests affected by planning proposals: serving blight notices.
Part VII, enforcement
Sections 172 to 196C deal with methods of enforcement of planning law.
Part VIII, trees, amenity, adverts
Sections 197 to 225 deal with Special Controls. Specifically, those for:
Trees
Land adversely affecting amenity of neighbourhood
Advertisements
Section 215 of the Act empowers a local planning authority to issue a notice to the owner of land or a property where it adversely affects the local area, and the notice can specify what remedial action is required. Sub-section 1 states,
If it appears to the local planning authority that the amenity of a part of their area, or of an adjoining area, is adversely affected by the condition of land in their area, they may serve on the owner and occupier of the land a notice under this section.
—Section 215(1), Town and Country Planning Act 1990
In my judgment, to allow a local planning authority (LPA) to use section 215 to deal with questions of aesthetics, as opposed to disrepair or dilapidation, falls outside the intention and spirit of the Planning Code...
Thus overturning the notice, and allowing Lisle-Mainwaring to keep the stripes on her house.
Part IX, acquisition of land for planning
Sections 226 to 246 deal with acquisition and appropriation of land for planning and public purposes. Also the extinguishment of certain rights, e.g. on burial places and constitution of joint bodies to hold land for planning purposes.
Part X, highways
A notice in Oxford made under the Town and Country Planning Act 1990, section 247 to stop up a road.
Sections 246 to 261 deal with highways.
Sections 247 and 248 deal with the stopping up of highways.
Part XI, statutory undertakings
Sections 262 to 283 deal with statutory undertakers. These are 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 hydraulic power and a relevant airport operator (within the meaning of Part V of the Airports Act 1986). Deemed statutory undertakers for sections 55, 90, 101, 108(3), 139 to 141, 143, 148, 170(12)(b), 236(2)(a), 237 to 241, 245, 247(4)(b), 253, 257(2), 263(1) and (2), 264, 266 to 283, 288(10)(a), 306, 325(9), 336(2) and (3), para.18 of Sch.1 and Schs. 8, 13 and 14 are any public gas transporter, water or sewerage undertaker, the National Rivers Authority, any universal postal service provider in connection with the provision of a universal postal service, the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) shall be deemed to be statutory undertakers and their undertakings statutory undertakings. This applies with variations for a universal postal service provider and licence holders under section 6 of the Electricity Act 1989 or Chapter I of Part I of the Transport Act 2000.
Part XII, Validity of plans
Sections 284 to 292 deal with validity of development plans, some planning related orders, decisions, directions, enforcement and similar notices.
Part XIII, Crown lands
Sections 292A to 302 deal with the application the Act to Crown Land.
Part XIV, financial provisions
Sections 303 to 314 deal with financial provision. This includes application fees to the LPA, costs of certain inquiries, grants for research and education, contributions by ministers towards compensation paid by local authorities, contribution by local authorities and statutory undertakers, assistance for acquisition of property where objection made to blight notice in certain cases, recovery from acquiring authorities of sums paid by way of compensation, sums recoverable from acquiring authorities reckonable for purposes of grant, expenses of government departments, general provision as to receipts of Secretary of State and the expenses of county councils.
Part XV, Miscellaneous
Sections 303 to 337 deal with miscellaneous and general provisions. Note section 318 deals with ecclesiastic property, section 319 deals with the Isles of Scilly, section 300 provides a power to require information as to interests, section 333 deals with regulations and orders and section 336 deals with interpretation.
Regulations
Under section 333 of the Act (amongst others), the Secretary of State for Communities and Local Government is enabled to make regulations, such as The Town and Country Planning (Control of Advertisements) (England) Regulations 2007,[5] or again The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012,[6] which in turn led to the government publication, Plain English guide to flying flags.[7]
A parish council is a civil local authority found in England, which is the lowest tier of local government. They are elected corporate bodies, with variable tax raising powers, and they carry out beneficial public activities in geographical areas known as civil parishes. There are about 10,480 parish and town councils in England. Parish councils may be known by different styles, they may resolve to call themselves a town council, village council, community council, neighbourhood council, or if the parish has city status, it may call itself a city council. However their powers and duties are the same whatever name they carry.
Planning permission in the United Kingdom is the planning permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building, but will also need "planning title" or planning permission. Planning title was granted for all pre-existing uses and buildings by the Town and Country Planning Act 1947, which came into effect on 1 July 1948. Since that date any new "development" has required planning permission.
Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own planning system that is responsible for town and country planning, which outside of England is devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd.
Local transport plans, divided into full local transport plans (LTP) and local implementation plans for transport (LIP) are an important part of transport planning in England. Strategic transport authorities, are expected to prepare them as forward-looking plans covering a number of years, and present them to the Department for Transport (DfT).
The Electricity Act 1947 was an Act of the Parliament of the United Kingdom which nationalised, or bought into state control, the electricity supply industry in Great Britain. It established a central authority called the British Electricity Authority (BEA) to own and operate all public electricity generation and transmission facilities and created 14 area electricity boards with a duty to acquire bulk supplies of electricity from the central authority and to distribute and sell electricity economically and efficiently to industrial, commercial and domestic consumers. It vested 505 separate local authority and company owned electricity undertakings in the BEA with effect from 1 April 1948. The Electricity Act 1947 is one of a number of Acts promulgated by the post-war Labour government to nationalise elements of the UK’s industrial infrastructure; other Acts include the Coal Industry Nationalisation Act 1946; Transport Act 1947 ; Gas Act 1948; and Iron and Steel Act 1949.
A development plan sets out a local authority's policies and proposals for land use in their area. The term is usually used in the United Kingdom. A Local Plan is one type of development plan. The development plan guides and shapes day-to-day decisions as to whether or not planning permission should be granted, under the system known as development control. In order to ensure that these decisions are rational and consistent, they must be considered against the development plan adopted by the authority, after public consultation and having proper regard for other material factors.
Development Management, formerly known as planning control, or development control, is the element of the United Kingdom's system of town and country planning through which local government or the Secretary of State, regulates land use and new building, i.e. development. It relies on a "plan-led system" whereby development plans are produced, involving various stages of public consultation prior to being adopted. Subsequently, development that requires planning permission, which is granted or refused with reference to the development plan as the starting point, then other material considerations are taken into account. The term "development management" is often abbreviated to DM.
The Town and Country Planning (England) Order 2015 is a statutory instrument, applying in England, that grants planning permission for certain types of development without the requirement for approval from the local planning authority.
A local planning authority (LPA) is the local government body that is empowered by law to exercise urban planning functions for a particular area. They exist in the United Kingdom and India.
The Town and Country Planning Order 1987 is a Statutory Instrument, applying in England and Wales, that specifies various "Use Classes" for which planning permission is not required for a building or other land to change from one use within that class to another use within that same class. The UCO 1987 was made by the Secretary of State under authority granted by sections 22 and 287 of the Town and Country Planning Act 1971, which have subsequently been replaced by sections 55 and 333 of the Town and Country Planning Act 1990.
The Environmental Protection Act 1990 is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.
In the United Kingdom, statutory undertakers are the various companies and agencies given general licence to carry out certain development and highways works.
The Housing Grants, Construction and Regeneration Act 1996 is an Act of Parliament of the United Kingdom. Its long title shows that it is a piece of omnibus legislation:
Planning gains are ways that local authorities in the United Kingdom can secure additional public benefits from developers, during the granting of planning permission.
The Localism Act 2011 is an Act of Parliament that changes the powers of local government in England. The aim of the act is to facilitate the devolution of decision-making powers from central government control to individuals and communities. The measures affected by the Act include an increase in the number of elected mayors, referendums and the "Local authority’s general power of competence" which states "A local authority has power to do anything that individuals generally may do".
Compulsory purchase is the power to purchase rights over an estate in English land law, or to buy that estate outright, without the current owner's consent. In England and Wales, Parliament has granted several different kinds of compulsory purchase power, which are exercisable by various bodies in various situations. Such powers are meant to be used "for the public benefit". This expression is interpreted broadly.
South African administrative law is the branch of public law which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that exercise public powers or perform public functions, irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government."
References
E Fisher, B Lange and E Scotford, Environmental Law: Text, Cases & Materials (OUP 2013)
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