Town and Country Planning Act 1990, Part VIII
Town and Country Planning Act 1990, Part VIII (Sections 197-214)
What this means for your business
- Enforced by
- Forestry Commission
- Applies to
- United Kingdom
- On this page
- 32 compliance obligations, 19 practical guides across 5 topics
What you must do
32 compliance obligations under this legislation.
Management duties 4
Comply with planning enforcement orders (stop use or alter/remove buildings)
If a local planning authority serves you with an order under s102, you must stop the use of the land that the authority says should be discontinued, or carry out any alteration or removal of buildings or works that the order requires. You also need to meet any conditions attached to the order by the deadline specified.
Remove or prevent unauthorised advertisements on your property
Unlimited fineIf the local planning authority thinks your building, wall, fence or plant is being used for illegal ads, they can serve you an action notice. You must then take reasonable steps to stop the ads ā such as removing them, securing the surface or monitoring it ā within the time set out in the notice (at least 28 days). Failure can lead to the authority doing the work and charging you, or a fine.
Replace protected trees removed or lost in conservation areas
Unlimited fineIf you own land in a conservation area and a tree that is protected under sectionāÆ211 is cut down, uprooted, destroyed or dies when it could only be removed under special regulations, you must plant a replacement tree of similar size and species in the same spot as soon as reasonably possible. You can apply to the local planning authority to be exempt from this requirement, but otherwise the duty stays with whoever owns the land.
Replace trees removed in breach of a Tree Preservation Order
Unlimited fineIf you own land and a tree that is protected by a Tree Preservation Order is cut down, uprooted, destroyed or dies after an authorised removal, you must plant a replacement tree of a suitable size and species as soon as reasonably possible. You can be exempted only if the local planning authority agrees to dispense with the duty. For trees in woodland you can replace them by planting the same number of trees nearby or on other land agreed with the authority.
Notifications 3
Notify owners and public before applying for mineralāworking permission
Unlimited fineIf you want to apply for planning permission to extract minerals (including underground mining), you must give formal notice to anyone who owns or has an interest in the relevant land, display a public notice in every parish covering the land for at least seven days within the 21āday period before you submit the application, publish that notice in a local newspaper, and attach a signed certificate confirming all this when you lodge the planning application.
Notify Welsh Ministers and local planning authority before nationalāsignificance application
If you intend to submit a development of national significance application to Welsh Ministers, you must first send a notification to the Ministers and to the local planning authority that would normally receive the application. The notification must follow any format, content and timing rules set out in the relevant development order, and you must wait for the Ministers to confirm they have accepted it before doing anything else with the application.
Publish notice of any representation under s.275
If your business is a statutory undertaker and you make a representation to extend or change your functions under sectionāÆ275, you must promptly publish a notice about that representation. You may also have to serve the same notice on other people or groups if the Secretary of State directs you to do so.
Other requirements 1
Offer Crown land interest to authority before serving purchase notice
Unlimited fineIf your business (or you personally) holds a private interest in Crown land and want to serve a purchase notice, you must first propose to sell or transfer that interest to the relevant government authority on equivalent terms. Only if the authority declines can you proceed with the purchase notice.
Offences and prohibitions 21
Carry out unauthorised reinstatement after an enforcement notice
Unlimited fineIf you rebuild or restore a building or works that you had previously removed or altered because a planning enforcement notice required it, and you do so without obtaining the necessary planning permission, you commit a criminal offence. Conviction in the magistrates' court results in an unlimited fine (levelāÆ5 on the standard scale). No prison term is specified for this offence.
Company and its officers liable for planning offences
Unlimited fineIf your company commits a breach of any planning law and that breach was done with the consent, connivance, or neglect of a director, manager, secretary or a similar officer, both the company and that officer can be prosecuted. The penalties are the same as for the original planning offence ā typically an unlimited fine and, where the offence allows, possible imprisonment.
Cut down, damage or destroy a protected tree
Unlimited fineIf you cut down, uproot, wilfully destroy, or seriously damage a tree that is protected by a Tree Preservation Order ā or allow anyone else to do so ā you commit a criminal offence. On conviction you face an unlimited fine and the case can be heard in either a Magistrates' Court (summary) or a Crown Court (indictment).
Damage or remove tree in conservation area without consent
Unlimited fineIf you cut down, prune, damage or otherwise act on a tree located in a conservation area (and no treeāpreservation order is in force) without first giving notice to the local planning authority and obtaining consent, or without waiting the required 6āweek notice period and the twoāyear window, you commit a criminal offence. On conviction you face an unlimited fine and the case can be tried either in the magistratesā court or the Crown Court.
Display unauthorised advertisement
Fine up to Ā£2,500If you put up an advertisement that breaches the local planning advertising regulations, you commit an offence. On conviction in the Magistrates' Court you can be fined up to Ā£2,500, plus a daily fine of oneātenth of that amount for each day the breach continues after conviction.
Fail to comply with a planning contravention notice
Unlimited fineIf you are served with a planning contravention notice and you do not do what it requires within 21 days, you commit a criminal offence. Making a false or reckless statement that you have complied is also an offence. On conviction you face a fine ā up to Ā£1,000 for the breach and an unlimited fine for a false statement ā and the case will be heard in the Magistrates' Court.
Fail to comply with a section 215 maintenance notice
Unlimited fineIf a local planning authority serves you with a notice under sectionāÆ215 requiring you to maintain land and you do not carry out the required steps within the time set in the notice, you commit a criminal offence. On summary conviction you face an unlimited fine in England (or up to Ā£1,000 in Wales) and daily default fines for any continued breach. The offence applies to both owners and occupiers of the land.
Fail to comply with a stop notice
Unlimited fineIf your business carries out work or otherwise breaches a stop notice that has been displayed or served on you, you commit a criminal offence. Conviction can be on summary or indictment and results in an unlimited fine. There is no custodial sentence for this offence, but the court may consider any financial benefit you gained from the breach when setting the fine.
Fail to comply with a temporary stop notice
Unlimited fineIf a temporary stop notice has been served on you or displayed as required and you continue the prohibited activity, you commit a criminal offence. On conviction you may be fined (the court can impose an unlimited fine) and the court will consider any financial benefit you gained from breaching the notice.
Fail to comply with planning condition notice
Unlimited fineIf you have planning permission that includes conditions and a local planning authority serves you a breach of condition notice, you must comply within the stated period. Failing to do so (or not taking the steps the notice requires) makes you guilty of an offence. On conviction you face a fine ā unlimited in England and up to Ā£1,000 in Wales ā dealt with in the Magistrates' Court.
Fail to give information after a commencement notice
Fine up to Ā£1,000If you have planning permission for a development and the local planning authority serves you a notice asking for prescribed information, you must supply that information within 21 days. Failing to do so is a criminal offence. On conviction in the Magistrates' Court you face a fine of up to Ā£1,000 (standard scale levelāÆ3).
Issue false or misleading planning certificate
Unlimited fineIf you submit a certificate about the land interests or purpose of a planning application that you know is false, or you are reckless about its accuracy, you commit a criminal offence. On conviction you face an unlimited fine (levelāÆ5 on the standard scale) dealt with in the magistratesā court.
Issue false or misleading planning certificate
Fine up to Ā£1,000If you issue a planning certificate (under sections 65, 66 or 67) that you know contains a false or misleading statement, or you act recklessly about its accuracy, you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to Ā£1,000. No imprisonment is provided for this offence.
Make false or misleading statement to planning authority
Unlimited fineIf a council gives you a notice asking for information about a planning application and you deliberately provide false or misleading details (or act recklessly), you commit a criminal offence. On summary conviction in the magistrates' court you face an unlimited fine.
Obstruct authorised entry onto land
Fine up to Ā£1,000If you deliberately block or prevent a planning officer or other authorised person from entering land under a right of entry, you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to Ā£1,000. No jail term is available for this offence.
Obstruct enforcement of treeāplanting notice
Fine up to Ā£1,000If you deliberately prevent a local authority officer from entering land and planting trees that have been ordered under a sectionāÆ207 notice, you commit a criminal offence. On conviction in the Magistratesā Court you can be fined up to Ā£1,000. No imprisonment is provided for this offence.
Obstruct local planning authority executing enforcement works
Fine up to Ā£1,000If you deliberately prevent a local planning authority (or its agents) from entering land and carrying out the works required by an enforcement notice, you commit a criminal offence. A conviction in the Magistrates' Court can result in a fine of up to Ā£1,000. No jail term is attached to this offence.
Obstruct planning authority when it carries out required works
Fine up to Ā£1,000If you deliberately block a planning authority (or Forestry Commission) from entering land to carry out work that a planning obligation requires, you commit a criminal offence. On conviction in the magistrates' court you face a fine of up to Ā£1,000.
Wilfully obstruct an authorised entry officer
Fine up to Ā£1,000If you deliberately block or hinder a person who has been given powers under sectionāÆ324 of the Town and Country Planning Act (for example a planning officer entering your land), you commit a criminal offence. On conviction in the Magistratesā Court you face a fine of up to Ā£1,000.
Willfully obstruct a planning authorityās right of entry
Fine up to Ā£1,000If you deliberately block or hinder a local authority or Forestry Commission officer who is exercising a legal right to enter your land (for example to take tree or soil samples), you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to Ā£1,000. No imprisonment is provided for this offence.
Willfully obstruct planning enforcement officer
Fine up to Ā£200If you deliberately stop or hinder a planningācontrol officer from entering premises to check whether works or land use comply with planning rules, you commit a criminal offence. On conviction in the Magistratesā Court you face a fine of up to Ā£200. No prison term is provided for this offence.
Reporting and filing 3
Apply for ministerial relief when planning obligations become impracticable
If your business is a statutory undertaker (e.g. a utility company) and you can no longer meet a planning obligation because land has been compulsorily acquired or another listed event occurs, you can make a representation to the Minister asking for the obligation to be waived or reduced. You must then follow any Ministerial directions to publish or serve notices about the request and the order that may be made.
Include required statements and reports with planning applications
Unlimited fineWhen you submit a planning permission or permissionāināprinciple application, the local planning authority can require you to attach certain statements (e.g., design principles, access) and a preāapplication consultation report. You must provide all the details the development order specifies, otherwise you risk enforcement action.
Respond to planning order notice within 28 days if you want a hearing
If a local planning authority sends you a notice that it intends to make an enforcement order, you must be given at least 28 days to ask for a hearing. You need to let the Secretary of State know within that period if you wish to be heard and present any arguments or evidence. Failing to act means you lose the chance to object before the order is confirmed.
Penalties for non-compliance
27 penalties under this legislation. 17 carry an unlimited fine.
Remove or prevent unauthorised advertisements on your property
Unlimited fine
Replace protected trees removed or lost in conservation areas
Unlimited fine
Replace trees removed in breach of a Tree Preservation Order
Unlimited fine
Notify owners and public before applying for mineralāworking permission
Unlimited fine
Offer Crown land interest to authority before serving purchase notice
Unlimited fine
Carry out unauthorised reinstatement after an enforcement notice
Unlimited fine
Company and its officers liable for planning offences
Unlimited fine
Cut down, damage or destroy a protected tree
Unlimited fine
Damage or remove tree in conservation area without consent
Unlimited fine
Fail to comply with a planning contravention notice
Unlimited fine
Fail to comply with a section 215 maintenance notice
Unlimited fine
Fail to comply with a stop notice
Unlimited fine
Fail to comply with a temporary stop notice
Unlimited fine
Fail to comply with planning condition notice
Unlimited fine
Issue false or misleading planning certificate
Unlimited fine
Make false or misleading statement to planning authority
Unlimited fine
Include required statements and reports with planning applications
Unlimited fine
Display unauthorised advertisement
Fine up to Ā£2,500
Fail to give information after a commencement notice
Fine up to Ā£1,000
Issue false or misleading planning certificate
Fine up to Ā£1,000
Obstruct authorised entry onto land
Fine up to Ā£1,000
Obstruct enforcement of treeāplanting notice
Fine up to Ā£1,000
Obstruct local planning authority executing enforcement works
Fine up to Ā£1,000
Obstruct planning authority when it carries out required works
Fine up to Ā£1,000
Wilfully obstruct an authorised entry officer
Fine up to Ā£1,000
Willfully obstruct a planning authorityās right of entry
Fine up to Ā£1,000
Willfully obstruct planning enforcement officer
Fine up to Ā£200
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 11
Set up camping or glamping on your farm
How to comply with planning permission, licensing, and safety requirements when offering camping or glamping on agricultural land. ā¦
Film and TV production permissions and insurance
Legal requirements and permissions for film and TV production in the UK - including location permissions, council filming ā¦
Planning for medium sites (10-49 units)
How the new medium sites category (10-49 units) provides proportionate planning requirements for SME housebuilders. Covers proposed exemptions, ā¦
Planning for small sites (under 10 units)
Streamlined planning guidance for small residential developments (1-9 units) in England. Covers what counts as minor development, simplified ā¦
Respond to planning refusal
What to do when your planning application is refused. Understand your options: amend and resubmit, negotiate, appeal, or ā¦
Apply for planning permission
Step-by-step guide to submitting a planning application in England. Covers application types, required documents, fees, the determination process, ā¦
Make a planning appeal
How to appeal a planning refusal or non-determination to the Planning Inspectorate. Covers appeal types, deadlines, the process, ā¦
Discharge planning conditions
How to discharge planning conditions attached to your permission. Covers pre-commencement conditions, the application process, fees, and what ā¦
Work with Tree Preservation Orders
How to identify Tree Preservation Orders on your site, apply for consent to carry out works to protected ā¦
Section 106 for small sites
How Section 106 planning obligations apply to small and medium residential developments. Covers what SME developers can expect, ā¦
Work with your local planning authority
How to engage effectively with your local planning authority at every stage of the planning process - from ā¦
Premises & Operations 4
Planning permission: when your business needs it
Understand when your business needs planning permission, what permitted development rights allow without an application, and how to ā¦
Where to run your business
Home-based vs commercial premises - a decision framework for choosing where to operate.
Get pre-application advice
How to use pre-application advice from your local planning authority to improve your chances of getting planning permission. ā¦
Understanding planning conditions
What planning conditions are, why they are attached to permissions, the different types, and your rights if you ā¦
Compliance & Legal 2
Business licenses: what you need
Find out what licenses and permits your business needs to operate legally.
Local authority approvals for new businesses
How to navigate local council departments when setting up business premises. Covers planning permission, building control, environmental health, ā¦
Environment & Sustainability 1
Business Structure 1
Sections and provisions
498 classified provisions from this legislation.
Duties 49
- s.2F Representation hearings
- s.14 Withdrawal of unitary development plan.
- s.33 Public participation. particular direction given
- s.34 Withdrawal of proposals for alteration and replacement of structure plans.
- s.35B Examination in public. person invited
- s.40 Public participation. particular direction given
- s.41 Powers of Secretary of State to secure adequate publicity and consultation. person by whom objections
- s.50 Joint structure and local plans. of them
- s.54A Status of development plans.
- s.61B Intervention by Secretary of State or National Assembly the authority
- s.61O Guidance
- s.62ZA Wales: notice that application is not valid condition or limitation subject
- s.62ZD Appeals under section 62ZB: determination by Welsh Ministers in place of appointed person report made
- s.62E Notification of proposed application under section 62D
- s.62I Requirement to submit local impact report
- s.62C Notifying parish councils of applications under section 62A(1) alteration
- s.62Q Notifying community councils of applications made to Welsh Ministers
- s.62 Applications for planning permission or permission in principle. responses
- s.67 Notification of applications for planning permission for mineral working. person entitled
- s.75ZB Information about neighbourhood development plans
- ... and 29 more duties
Offences and penalties 21
- Schedule 15 Preliminary
- s.65 Notice etc. of applications for planning permission or permission in principle.
- s.68 Further provisions as to certificates under sections 65 to 67.
- s.70D Power to decline to determine applications in cases of earlier non-implementation etc
- s.93G Commencement notices
- s.106 Planning obligations.
- s.171G Temporary stop notice: offences
- s.171D Penalties for non-compliance with planning contravention notice.
- s.178 Execution and cost of works required by enforcement notice.
- s.181 Enforcement notice to have effect against subsequent development.
- s.187A Enforcement of conditions.
- s.187 Penalties for contravention of stop notice.
- s.196C Rights of entry: supplementary provisions.
- s.209 Execution and cost of works required by s. 207 notice.
- s.210 Penalties for non-compliance with tree preservation order regulations.
- s.211 Preservation of trees in conservation areas.
- s.214D Rights of entry: supplementary provisions.
- s.216 Penalty for non-compliance with s. 215 notice.
- s.224 Enforcement of control as to advertisements.
- s.325 Supplementary provisions as to rights of entry.
- ... and 1 more offences and penalties
Powers 166
- s.2D Further provision about orders under section 2A
- Schedule 2 Development Plans: Transitional Provisions
- s.3 Joint planning committee for Greater London.
- s.6 Enterprise zones.
- s.8A The Homes and Communities Agency.
- Schedule 9 Requirements relating to Discontinuance of Mineral Working
- s.9 Power to make consequential and supplementary provision about authorities.
- s.11 Survey of planning areas.
- s.12A Urban development corporations.
- s.12 Preparation of unitary development plan.
- s.17 Direction to reconsider proposals.
- s.19 Approval of unitary development plan by Secretary of State.
- s.20 Local inquiry, public examination and consultation by Secretary of State.
- s.21 Alteration or replacement of unitary development plan.
- s.23 Joint unitary development plans.
- s.25 Default powers.
- s.26 Regulations and directions.
- s.30 Survey of planning areas.
- s.31 Structure plans: continuity, form and content.
- s.32 Alteration and replacement of structure plans.
- ... and 146 more powers
Definitions 71
- s.2 Joint planning boards.
- s.2C Matters reserved for subsequent approval
- s.4A National Parks with National Park authorities.
- Schedule 5 Conditions relating to Mineral Working
- s.5 The Broads.
- s.16 Local inquiries.
- s.23B Unitary development plans for National Parks in Wales.
- s.23C Joint unitary development plans for National Parks in Wales.
- s.27 Meaning of ādevelopment planā in Greater London and metropolitan counties.
- s.27A Meaning of ādevelopment planā in relation to Wales.
- s.35C Duties to notify authorities responsible for local plans
- s.54 Meaning of ādevelopment planā outside Greater London and the metropolitan counties.
- s.55 Meaning of ādevelopmentā and ānew developmentā.
- s.57 Planning permission required for development.
- s.58 Granting of planning permission: general.
- s.58A Permission in principle: general
- s.59 Development orders: general.
- s.61QA Street vote development orders
- s.61QH Meaning of āexcluded developmentā
- s.61QB Qualifying groups
- ... and 51 more definitions
Exemptions 65
- s.1 Local planning authorities: general.
- Schedule 1 Local Planning Authorities: Distribution of Functions
- s.2A The Mayor of London: applications of potential strategic importance
- Schedule 3 Development Not Constituting New Development
- Schedule 4 Special provisions as to land use in 1948
- Schedule 13 Blighted Land
- s.18 Calling in of unitary development plan for approval by Secretary of State.
- s.24 Disregard of certain representations.
- s.35A Calling in of proposals for approval by Secretary of State.
- s.44 Calling in of proposals for approval by Secretary of State.
- s.48 Local plan to prevail in cases of conflict with structure plan.
- s.49 Disregarding of representations with respect to development authorised by or under other enactments.
- s.60 Permission granted by development order.
- s.61DD Revision or revocation of Mayoral development order
- s.61 Development orders: supplementary provisions.
- s.61L Permission granted by neighbourhood development orders
- s.61W England: requirement to carry out pre-application consultation
- s.61C Permission granted by local development order
- s.62J Duty to have regard to local impact report
- s.70 Determination of applications: general considerations.
- ... and 45 more exemptions