Planning and Compulsory Purchase Act 2004

Planning and Compulsory Purchase Act 2004 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date.

Changes to Legislation

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  1. Introductory Text
  2. Part 1 Regional functions
    1. Spatial strategy
      1. 1.Regional Spatial Strategy
      1. 2.Regional planning bodies
      2. 3.RPB: general functions
      3. 4.Assistance from certain local authorities
      1. 5.RSS: revision
      2. 6.RSS: community involvement
      3. 7.RSS: Secretary of State’s functions
      4. 8.RSS: examination in public
      5. 9.RSS: further procedure
      6. 10.Secretary of State: additional powers
      1. 11.Regulations
      2. 12.Supplementary
      1. Survey
        1. 13.Survey of area
        2. 14.Survey of area: county councils
        1. 14A.Register of land
        1. 15.Local development scheme
        2. 16.Minerals and waste development scheme
        1. 17.Local development documents
        2. 18.Statement of community involvement
        3. 19.Preparation of local development documents
        4. 20.Independent examination
        5. 21.Intervention by Secretary of State
        6. 21A.Temporary direction pending possible use of intervention powers
        7. 22.Withdrawal of local development documents
        8. 23.Adoption of local development documents
        9. 24.Conformity with regional strategy
        10. 25.Revocation of local development documents
        11. 26.Revision of local development documents
        12. 27.Secretary of State’s default powers
        13. 27A.Default powers exercisable by Mayor of London, combined authority , combined county authority or county council
        14. 28.Joint local development documents
        15. 28A.Power to direct preparation of joint development plan documents
        16. 28B.Application of Part to joint development plan documents
        17. 28C.Modification or withdrawal of direction under section 28A
        1. 29.Joint committees
        2. 30.Joint committees: additional functions
        3. 31.Dissolution of joint committee
        1. 32.Exclusion of certain representations
        2. 33.Urban development corporations
        3. 33A.Duty to co-operate in relation to planning of sustainable development
        4. 34.Guidance
        5. 35.Authorities monitoring reports
        1. 36.Regulations and standards
        2. 37.Interpretation
        1. Development plan
          1. 38.Development plan
          2. 38ZA.Meaning of “national development management policy”
          3. 38A.Meaning of “neighbourhood development plan”
          4. 38B.Provision that may be made by neighbourhood development plans
          5. 38C.Supplementary provisions
          1. 39.Sustainable development
          1. Local development orders
            1. 40.Local development orders
            1. 41.Effect of revision or revocation of development order on incomplete development
            1. 42.Applications for planning permission and certain consents
            2. 43.Power to decline to determine applications
            1. 44.Major infrastructure projects
            1. 45.Simplified planning zones
            1. 46.Planning contribution
            2. 47.Planning contribution: regulations
            3. 48.Planning contribution: Wales
            1. 49.Development to include certain internal operations
            2. 50.Appeal made: functions of local planning authority
            3. 51.Duration of permission and consent
            4. 52.Temporary stop notice
            5. 53.Fees and charges
            6. 54.Duty to respond to consultation
            7. 55.Time in which Secretary of State to take decisions
            1. 56.Correction of errors in decisions
            2. 57.Correction notice
            3. 58.Effect of correction
            4. 59.Supplementary
            1. National Development Framework
              1. 60.National Development Framework for Wales
              2. 60A.Preparation of Framework: statement of public participation
              3. 60B.Procedure for preparation and publication of Framework
              4. 60C.Review and revision of Framework
              1. 60D..
              2. 60E..
              3. 60F..
              4. 60G..
              5. 60H..
              6. 60I..
              7. 60J..
              1. 60K.Corporate joint committees to which this Part applies
              2. 60L.Corporate joint committees: area survey
              3. 60M.Corporate joint committee areas: strategic development plans
              4. 60N.Strategic development plans: application of provisions of this Part
              1. 61.Survey
              1. 62.Local development plan
              2. 63.Preparation requirements
              3. 64.Independent examination
              4. 65.Intervention by Assembly
              5. 66.Withdrawal of local development plan in accordance with direction
              6. 66A.Withdrawal of local development plan in absence of direction
              7. 67.Adoption of local development plan
              8. 68.Revocation of local development plan
              9. 68A.Duty to consider whether to review local development plan
              10. 69.Review of local development plan
              11. 70.Revision of local development plan
              12. 71.Assembly’s default power
              13. 72.Joint local development plans
              1. 73.Exclusion of certain representations
              2. 74.Urban development corporations
              3. 75.Guidance
              4. 76.Annual monitoring report
              1. 77.Regulations
              2. 78.Interpretation
              1. Chapter 1 England and Wales
                1. Crown application
                  1. 79.Crown application of planning Acts
                  1. 80.Special provision relating to national security
                  2. 81.Special provision relating to national security: Wales
                  1. 82.Urgent Crown development
                  2. 83.Urgent works relating to Crown land
                  1. 84.Enforcement in relation to Crown land
                  1. 85.Tree preservation orders: Forestry Commissioners
                  2. 86.Trees in conservation areas: acts of Crown
                  1. 87.Old mining permissions
                  2. 88.Subordinate legislation
                  3. 89.Crown application: transitional
                  1. Crown application
                    1. 90.Crown application of Scottish planning Acts
                    1. 91.Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland
                    1. 92.Urgent Crown development: Scotland
                    2. 93.Urgent works relating to Crown land: Scotland
                    1. 94.Enforcement in relation to Crown land: Scotland
                    1. 95.Tree preservation orders: Scotland
                    2. 96.Trees in conservation areas in Scotland: acts of Crown
                    1. 97.Old mining permissions: Scotland
                    2. 98.Subordinate legislation: Scotland
                    1. Acquisition of land for development
                      1. 99.Compulsory acquisition of land for development etc
                      1. 100.Procedure for authorisation by authority other than a Minister
                      2. 101.Procedure for authorisation by a Minister
                      3. 102.Confirmation by acquiring authority
                      1. 103.Assessment of compensation: valuation date
                      1. 104.Compensation: advance payments to mortgagees
                      1. 105.Power to require information
                      1. 106.Basic loss payment
                      2. 107.Occupier’s loss payment
                      3. 108.Loss payments: exclusions
                      4. 109.Loss payments: supplementary
                      1. 110.Corresponding amendments of other enactments
                      1. Crown
                        1. 111.Crown
                        1. 112.Parliament
                        1. 113.Validity of strategies, plans and documents
                        2. 114.Examinations
                        3. 115.Grants for advice and assistance
                        4. 116.Isles of Scilly
                        5. 117.Interpretation
                        1. 118.Amendments
                        2. 119.Transitionals
                        3. 120.Repeals
                        4. 121.Commencement
                        5. 122.Regulations and orders
                        6. 123.Finance
                        7. 124.Extent
                        8. 125.Short Title
                        1. SCHEDULE A1Default powers exercisable by Mayor of London , combined authority , combined county authority or county council
                          1. Default powers exercisable by Mayor of London
                            1. 1.If the Secretary of State— (a) thinks that a London.
                            2. 2.(1) This paragraph applies where a development plan document is.
                            3. 3.(1) Subsections (4) to (7C) of section 20 apply to.
                            1. 4.In this Schedule— “ combined authority ” means a combined.
                            2. 5.If the Secretary of State— (a) thinks that a constituent.
                            3. 6.(1) This paragraph applies where a development plan document is.
                            4. 7.(1) Subsections (4) to (7C) of section 20 apply to.
                            1. 7ZA.In this Schedule— “ combined county authority ” means a.
                            2. 7ZB.If the Secretary of State— (a) thinks that a constituent.
                            3. 7ZC.(1) This paragraph applies where a development plan document is.
                            4. 7ZD.(1) Subsections (4) to (7C) of section 20 apply to.
                            1. 7A.In this Schedule— “ upper-tier county council ” means a.
                            2. 7B.If the Secretary of State— (a) thinks that a lower-tier.
                            3. 7C.(1) This paragraph applies where a development plan document is.
                            4. 7D.(1) Subsections (4) to (7C) of section 20 apply to.
                            1. 8.(1) This paragraph applies to a development plan document that.
                            2. 9.(1) This paragraph applies if the Secretary of State gives.
                            3. 10.Subsections (4) to (7C) of section 20 apply to an.
                            4. 11.In the exercise of any function under paragraph 8 or.
                            5. 12.The Mayor of London , the combined authority , the.
                            1. 13.(1) If the Secretary of State is considering whether to.
                            1. Proposals for modification of neighbourhood development plan
                              1. 1.(1) This Schedule applies if a neighbourhood development plan has.
                              2. 2.(1) A qualifying body may withdraw a proposal at any.
                              1. 3.(1) A local planning authority must give such advice or.
                              1. 4.(1) The Secretary of State may by regulations make provision.
                              1. 5.(1) A local planning authority may decline to consider a.
                              2. 6.If a local planning authority decline to consider a proposal.
                              3. 7.(1) This paragraph applies if— (a) a proposal has been.
                              4. 8.(1) This paragraph applies if— (a) a proposal has been.
                              1. 9.(1) This paragraph applies if— (a) a local planning authority.
                              1. 10.(1) The examiner must first determine whether the modifications contained.
                              2. 11.(1) If paragraph 10(2) does not apply, the examiner must.
                              1. 12.(1) The general rule is that the examination of the.
                              1. 13.(1) After considering a draft plan under paragraph 11, the.
                              1. 14.(1) This paragraph applies if an examiner has made a.
                              1. 15.(1) The Secretary of State may by regulations make provision.
                              1. 16.In this Schedule— “ the Convention rights ” has the.
                              1. In the principal Act after Schedule 4 (special provision as.
                              1. Decisions
                                1. 1.This Schedule applies to any decision which must be taken.
                                2. 2.(1) This Schedule also applies to a decision not mentioned.
                                3. 3.But the Secretary of State may by order specify decisions.
                                1. 4.(1) The Secretary of State must make one or more.
                                1. 5.(1) The Secretary of State must notify the following persons.
                                1. 6.(1) This paragraph applies if before the time at which.
                                1. 7.If the Secretary of State fails to take any step.
                                1. 8.(1) The Secretary of State must lay before Parliament a.
                                1. PART 1 STATUS AND MEMBERSHIP
                                  1. Status
                                    1. 1.(1) A strategic planning panel is a body corporate.
                                    1. 2.(1) A strategic planning panel consists of local planning authority.
                                    1. 3.(1) Each local planning authority member of a strategic planning.
                                    1. 4.(1) Each nominated member of a strategic planning panel is.
                                    1. 5.(1) The Welsh Ministers may by regulations make further provision.
                                    1. 6.(1) The Welsh Ministers may publish standard terms of appointment.
                                    1. 7.(1) A strategic planning panel may pay allowances to its.
                                    1. 8.(1) A member of a strategic planning panel may resign.
                                    1. 9.(1) A constituent local planning authority may at any time.
                                    1. 10.(1) A strategic planning panel must appoint a chair and.
                                    1. Staff
                                      1. 11.(1) A strategic planning panel may employ staff.
                                      1. 12.(1) A strategic planning panel may delegate a function to—.
                                      1. 13.A nominated member of a strategic planning panel is not.
                                      1. 14.(1) A strategic planning panel must make standing orders regulating.
                                      1. 15.(1) A meeting of a strategic planning panel must be.
                                      1. Qualifying expenditure
                                        1. 16.(1) The qualifying expenditure of a strategic planning panel is.
                                        1. 17.(1) A strategic planning panel must make a determination specifying.
                                        1. 18.(1) A strategic planning panel must, for each financial year.
                                        1. 19.(1) Not later than 15 February before the start of.
                                        1. 20.(1) The Welsh Ministers may make grants, loans or other.
                                        1. 21.(1) A strategic planning panel must for each financial year—.
                                        1. 22.(1) A strategic planning panel must, for each financial year.
                                        1. 23.(1) The first financial year of a strategic planning panel.
                                        1. Guidance
                                          1. 24.In exercising functions under this Schedule, a strategic planning panel.
                                          1. 25.(1) This paragraph applies if the Welsh Ministers think that.
                                          1. 26.(1) The regulations establishing a panel may confer power on.
                                          1. 27.In this Schedule— “ constituent local planning authority ” has.
                                          1. 28.The Welsh Ministers may by regulations amend this Schedule.
                                          1. Purchase notices
                                            1. 1.After section 137 of the principal Act (circumstances in which.
                                            2. 2.After section 32 of the listed buildings Act (circumstances in.
                                            1. 3.(1) Section 226 of the principal Act (compulsory acquisition of.
                                            2. 4.(1) Section 228 of the principal Act (compulsory acquisition of.
                                            3. 5.(1) Section 47 of the listed buildings Act (compulsory acquisition.
                                            1. 6.(1) Section 293 of the principal Act (preliminary definitions) is.
                                            2. 7.In the listed buildings Act after section 82B (inserted by.
                                            3. 8.(1) Section 31 of the hazardous substances Act (exercise of.
                                            1. 9.(1) Sections 294 and 295 of the principal Act (control.
                                            1. 10.(1) After section 298 of the principal Act (supplementary provision.
                                            2. 11.After section 82E of the listed buildings Act (inserted by.
                                            3. 12.(1) After section 31 of the hazardous substances Act (exercise.
                                            1. 13.After section 325 of the principal Act (supplementary provisions as.
                                            2. 14.After section 88B of the listed buildings Act (rights of.
                                            3. 15.After section 36B of the hazardous substances Act (rights of.
                                            1. 16.After section 329 of the principal Act (service of notices).
                                            1. 17.After section 330 of the principal Act (power to require.
                                            1. 18.(1) Sections 83 and 84 of the listed buildings Act.
                                            2. 19.(1) Section 89(1) of the listed buildings Act (application of.
                                            1. 20.In section 17 of the hazardous substances Act (revocation of.
                                            2. 21.(1) Section 37(2) of the hazardous substances Act (application of.
                                            1. 22.Section 293(4) of the principal Act (certain persons treated as.
                                            2. 23.Section 297 of the principal Act (agreements relating to Crown.
                                            3. 24.(1) Section 298 of the principal Act (supplementary provisions as.
                                            4. 25.Section 299A of the principal Act (Crown planning obligations) is.
                                            5. 26.(1) Section 300 of the principal Act (tree preservation orders.
                                            6. 27.(1) Section 301 of the principal Act (requirement of planning.
                                            1. Part 1 The principal Act
                                              1. Introduction
                                                1. 1.This Part applies to a development if—
                                                2. 2.In this Part— (a) the relevant date is the date.
                                                1. 3.(1) This paragraph applies if before the relevant date in.
                                                2. 4.(1) This paragraph applies if before the relevant date the.
                                                1. 5.(1) This paragraph applies if— (a) before the relevant date.
                                                1. 6.(1) This paragraph applies if before the relevant date—
                                                1. Introduction
                                                  1. 7.This Part applies to works if— (a) they are works.
                                                  2. 8.In this Part— (a) the relevant date is the date.
                                                  1. 9.(1) This paragraph applies if before the relevant date in.
                                                  2. 10.(1) This paragraph applies if before the relevant date the.
                                                  1. 11.(1) This paragraph applies if— (a) before the relevant date.
                                                  1. 12.(1) This paragraph applies if before the relevant date—
                                                  1. Purchase notices
                                                    1. 1.In the Town and Country Planning (Scotland) Act 1997 (c.
                                                    2. 2.In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act.
                                                    1. 3.(1) In the principal Scottish Act, section 189 (compulsory acquisition.
                                                    2. 4.(1) Section 190 of that Act (compulsory acquisition of land.
                                                    3. 5.(1) In the Scottish listed buildings Act, section 42 (compulsory.
                                                    1. 6.(1) In the principal Scottish Act, section 242 (preliminary definitions).
                                                    2. 7.In the Scottish listed buildings Act, after section 73B (inserted.
                                                    3. 8.(1) In the Planning (Hazardous Substances) (Scotland) Act 1997 (c.
                                                    1. 9.(1) Sections 243 and 244 of the principal Scottish Act.
                                                    1. 10.(1) In the principal Scottish Act, after section 247 (supplementary.
                                                    2. 11.After section 73E of the Scottish listed buildings Act (inserted.
                                                    3. 12.In the Scottish hazardous substances Act, section 32 (application for.
                                                    4. 13.Before section 33 of that Act there is inserted— Applications.
                                                    1. 14.After section 270 of the principal Scottish Act (supplementary provisions.
                                                    2. 15.After section 78 of the Scottish listed buildings Act (rights.
                                                    3. 16.After section 35 of the Scottish hazardous substances Act (rights.
                                                    1. 17.After section 271 of the principal Scottish Act (service of.
                                                    1. 18.In the principal Scottish Act, after section 272 (power to.
                                                    1. 19.(1) In the Scottish listed buildings Act, sections 74 and.
                                                    2. 20.(1) In the Scottish listed buildings Act, section 79 (application.
                                                    1. 21.In the Scottish hazardous substances Act, in section 15 (revocation.
                                                    2. 22.(1) In the Scottish hazardous substances Act, section 36 (application.
                                                    1. 23.Sections 242(4) (certain persons treated as having an interest in.
                                                    2. 24.In the principal Scottish Act, for section 247 (supplementary provisions.
                                                    3. 25.(1) In the principal Scottish Act, section 249 (tree preservation.
                                                    4. 26.(1) In the principal Scottish Act, section 250 (requirement of.
                                                    1. Town and Country Planning Act 1990 (c. 8)
                                                      1. 1.The Town and Country Planning Act 1990 is amended as.
                                                      2. 2.In section 55(2)(b) (meaning of development) the word “local” is.
                                                      3. 3.For section 69 there is substituted the following section— Register.
                                                      4. 4.Section 76 (Duty to draw attention to certain provisions for.
                                                      5. 5.Sections 106 to 106B (planning obligations) are omitted.
                                                      6. 6.In section 108 (compensation for refusal of planning permission formerly.
                                                      7. 7.(1) In section 245 (modification of incorporated enactments), subsections (2).
                                                      8. 8.In section 284(1) (restriction on challenge to validity of certain.
                                                      9. 9.(1) Section 287 (procedure for questioning the validity of certain.
                                                      10. 10.(1) Section 296 (exercise of powers in relation to Crown.
                                                      11. 11.(1) Section 303A (recovery of costs of certain inquiries) is.
                                                      12. 12.In section 306 (2) (local authorities and statutory undertakers may.
                                                      13. 13.In section 324(1) (rights of entry) for paragraph (a) there.
                                                      14. 14.(1) Section 333 (provision about regulations and orders) is amended.
                                                      15. 15.In section 336(1) (interpretation) for the definition of development plan.
                                                      16. 16.(1) Schedule 1 (distribution of functions of local planning authorities).
                                                      17. 17.In Schedule 2 (transitional provisions relating to development plans) Parts.
                                                      18. 18.(1) Schedule 13 (blighted land) is amended as follows.
                                                      1. 19.The Planning (Listed Buildings and Conservation Areas) Act 1990 is.
                                                      2. 20.In section 10(3) (regulations relating to applications for listed building.
                                                      3. 21.In section 23(2) (matters to which regard is to be.
                                                      4. 22.In section 26(2) (matters to which regard is to be.
                                                      5. 23.In section 67 (publicity for applications affecting the setting of.
                                                      6. 24.In section 73 (publicity for applications affecting conservation areas) for.
                                                      7. 25.In section 91(2) (interpretation) “ “development plan”” is omitted.
                                                      8. 26.In section 93 (provision about regulations and orders) after subsection.
                                                      1. 27.In section 40 of the Planning (Hazardous Substances) Act 1990.
                                                      1. Gas Act 1965 (c. 36)
                                                        1. 1.In paragraph 7(2) of Schedule 3 of the Gas Act.
                                                        1. 2.In section 58(4) of the Finance Act 1969 (disclosure of.
                                                        1. 3.In section 28(6)(a) of the Leasehold Reform Act 1967 (development.
                                                        1. 4.In section 12 of the Agriculture (Miscellaneous Provisions) Act 1968.
                                                        1. 5.(1) Paragraph 3 of Schedule 2 to the Countryside Act.
                                                        1. 6.In section 13 of the Greater London Council (General Powers).
                                                        1. 7.(1) The Land Compensation Act 1973 is amended as follows.
                                                        1. 8.In section 24(4) of the Greater London Council (General Powers).
                                                        1. 9.(1) Schedule 4 to the Welsh Development Agency Act 1975.
                                                        1. 10.(1) The Local Government, Planning and Land Act 1980 is.
                                                        1. 11.(1) The Highways Act 1980 is amended as follows.
                                                        1. 12.In section 29(5) of the Acquisition of Land Act 1981.
                                                        1. 13.(1) In section 578A of the Housing Act 1985 (modification.
                                                        1. 14.(1) The Education Reform Act 1988 is amended as follows.
                                                        1. 15.(1) Paragraph 2 of Schedule 10 to the Housing Act.
                                                        1. 16.In Schedule 4 to the Planning and Compensation Act 1991.
                                                        1. 17.In section 14(5) of the Local Government Act 1992 (structural.
                                                        1. 18.. . . . . . . . . .
                                                        1. 19.(1) The Environment Act 1995 is amended as follows.
                                                        1. 20.(1) The Town and Country Planning (Scotland) Act 1997 is.
                                                        1. 21.(1) Paragraph 1 of Schedule 5 to the Regional Development.
                                                        1. 22.(1) The Greater London Authority Act 1999 is amended as.
                                                        1. 23.In section 86(4) of the Countryside and Rights of Way.
                                                        1. Development plan
                                                          1. 1.(1) During the transitional period a reference in an enactment.
                                                          1. 2.(1) This paragraph applies to proposals for the alteration or.
                                                          1. 3.(1) This paragraph applies to proposals for the alteration or.
                                                          2. 4.(1) This paragraph applies if— (a) before the relevant date.
                                                          3. 5.(1) If paragraph 4 does not apply the provisions of.
                                                          4. 6.If proposals are adopted or approved in pursuance of paragraph.
                                                          5. 7.(1) This paragraph applies if at the date of commencement.
                                                          1. 8.(1) This paragraph applies to proposals for the alteration or.
                                                          2. 9.(1) This paragraph applies if— (a) before the relevant date.
                                                          3. 10.(1) If paragraph 9 does not apply the provisions of.
                                                          4. 11.(1) This paragraph applies if the Secretary of State thinks—.
                                                          5. 12.If proposals are adopted or approved in pursuance of paragraphs.
                                                          6. 13.(1) This paragraph applies if at the date of commencement.
                                                          1. 14.Paragraphs 8 to 13 above apply to a minerals local.
                                                          1. 15.(1) This paragraph applies to— (a) the local development scheme.
                                                          1. 16.(1) The repeal by this Act of paragraphs 1 to.
                                                          1. 17.(1) The Secretary of State may by regulations make provision.
                                                          2. 18.The Secretary of State may by regulations make provision—
                                                          1. 19.(1) References to section 27 of the principal Act must.