UK Act of Parliament 1990 United Kingdom

Town and Country Planning Act 1990, Part VIII

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.

Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 16 of 102 obligations carry an unlimited fine. 12 carry different penalties and 74 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person35 Occupier3 Landlord2 Applicant2 Director or Officer1

Plus 59 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Landlord — also bound by 224 other Acts
Applicant — also bound by 307 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Planning Authorities

1 of 19 sections shown
s.002 Representation hearings Regulated
Other duties (1) — Crown / regulator
  • Mayor of London must hold representation hearings for major planning applicationsLocal authority
18 other sections in this Part — procedural and definitional
s.002 The Mayor of London: applications of potential strategic importance
s.002 Section 2A: supplementary provisions
s.002 Matters reserved for subsequent approval
s.002 Further provision about orders under section 2A
s.002 Section 2A and planning obligations under section 106
s.004 National Parks with National Park authorities.
s.007 Mayoral development areas
s.007 New towns
s.008 The Homes and Communities Agency.
Part 2

10 of 58 sections shown
s.014 Withdrawal of unitary development plan. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must manage withdrawal of development plansLocal authority
s.031 Structure plans: continuity, form and content. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must maintain and update structure plans for land useLocal authority
s.033 Public participation. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must consult the public on structure plan changesLocal authority
s.034 Withdrawal of proposals for alteration and replacement of structure plans. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must follow specific steps when withdrawing plansLocal authority
s.035 Examination in public. Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must hold a public examination of structure plansLocal authority
s.036 Local plans. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must prepare local development plansLocal authority
s.040 Public participation. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Planning Authority must consult the public on local plansLocal authority
s.041 Powers of Secretary of State to secure adequate publicity and consultation. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State may halt planning proposals for inadequate consultationCrown / Minister / Government department
s.050 Joint structure and local plans. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must cooperate and provide plans for public inspectionLocal authority
s.054 Status of development plans. Regulated
Other duties (1) — Crown / regulator
  • Local authorities must decide planning applications based on the development planLocal authority
48 other sections in this Part — procedural and definitional
s.010 Application of Chapter I in relation to Wales.
s.012 Urban development corporations.
s.021 “Greater London: conformity with spatial development strategy.
s.023 Joint unitary development plans: Wales.
s.023 Unitary development plans for National Parks in Wales.
s.023 Joint unitary development plans for National Parks in Wales.
s.027 Meaning of “development plan” in relation to Wales.
s.028 Application of Chapter I in relation to Wales: transitional provisions.
s.035 Calling in of proposals for approval by Secretary of State.
s.035 Duties to notify authorities responsible for local plans
s.051 Urban development corporations.
Part 3

Control over development

32 of 161 sections shown
s.057 Planning permission required for development. (opens in a new tab) Regulated
  • Obtain planning permission before developing landAny Person
s.061 Intervention by Secretary of State or National Assembly Regulated
Other duties (1) — Crown / regulator
  • Secretary of State or Welsh Ministers may intervene in local development ordersCrown / Minister / Government department
s.061 Guidance Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must follow government guidance on neighbourhood ordersLocal authority
s.062 Applications for planning permission or permission in principle. (opens in a new tab) Prosecution
  • Submit planning applications in the correct form with required documentsAny Person

Unlimited fine

s.062 Notifying parish councils of applications under section 62A(1) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must notify parish councils of planning applicationsCrown / Minister / Government department
s.062 Notifying community councils of applications made to Welsh Ministers Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must notify community councils of major planning applicationsCrown / Minister / Government department
s.062 Wales: notice that application is not valid Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must notify applicant if application is invalidLocal authority
s.062 Appeals under section 62ZB: determination by Welsh Ministers in place of appointed person Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers may take over an appeal from an appointed personCrown / Minister / Government department
s.065 Notice etc. of applications for planning permission or permission in principle. (opens in a new tab) Prosecution
  • Issue false or misleading planning certificateAny Person

Unlimited fine

s.067 Notification of applications for planning permission for mineral working. (opens in a new tab) Prosecution
  • Notify owners and the public when applying for mineral working permissionApplicant

Unlimited fine

s.068 Further provisions as to certificates under sections 65 to 67. (opens in a new tab) Prosecution
  • Issue false or misleading planning certificateAny Person

Fine up to £1,000

s.069 Register of applications etc (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must keep a public register of planning applicationsLocal authority
s.070 Power to decline to determine applications in cases of earlier non-implementation etc Prosecution
  • Make false or misleading statement to planning authorityAny Person
  • Provide false information in response to planning noticeAny Person

Unlimited fine

s.075 Information about neighbourhood development plans Regulated
Other duties (1) — Crown / regulator
  • Planning reports must detail how neighbourhood plans were consideredLocal authority
s.078 Right to appeal against planning decisions and failure to take such decisions. (opens in a new tab) Regulated
  • Appeal a planning refusal or non-determinationApplicant
s.083 Making of simplified planning zone schemes. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must review and create simplified planning zonesLocal authority
s.090 Condition relating to development progress reports in England Regulated
  • Submit annual development progress reports for residential projectsAny Person
s.093 Commencement notices Prosecution
  • Fail to give information after a commencement noticeAny Person

Fine up to £1,000

s.094 Termination of planning permission by reference to time limit: completion notices in Wales. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority may terminate unfinished planning permissions in WalesLocal authority
s.096 Power to make non-material changes to planning permission or permission in principle Regulated
  • Apply for non-material changes to existing planning permissionAny Person
s.102 Orders requiring discontinuance of use or alteration or removal of buildings or works. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities may order the removal of buildings or stop land useLocal authority

amended 4 times (opens in a new tab)

s.103 Confirmation by Secretary of State of s. 102 orders. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must confirm or modify land use discontinuance ordersCrown / Minister / Government department
s.106 Planning obligations. (opens in a new tab) Prosecution
  • Obstruct local authority from carrying out planning obligation worksAny Person
  • Obstruct planning authority when it carries out required worksAny Person

Fine up to £1,000 · amended 21 times (opens in a new tab)

s.106 Modification and discharge of planning obligations.

amended 21 times

s.106 Appeals in relation to applications under section 106A.

amended 21 times

s.106 Modification or discharge of affordable housing requirements

amended 21 times

s.106 Duty to notify the Mayor of London of certain applications under section 106BA

amended 21 times

s.106 Appeals in relation to applications under section 106BA

amended 21 times

s.106 Legal challenges relating to development consent obligations

amended 21 times

s.106 Legal challenges relating to infrastructure consent obligations

amended 21 times

129 other sections in this Part — procedural and definitional
s.058 Permission in principle: general
s.059 Development orders: permission in principle
s.061 Local development orders
s.061 Permission granted by local development order
s.061 Effect of revision or revocation of development order on incomplete development
s.061 Mayoral development orders
s.061 Permission granted by Mayoral development order
s.061 Preparation and making of Mayoral development order
s.061 Revision or revocation of Mayoral development order
s.061 Effect of revision or revocation on incomplete development
s.061 Neighbourhood development orders
s.061 Authorisation to act in relation to neighbourhood areas
s.061 Meaning of “neighbourhood area”
s.061 Neighbourhood areas designated as business areas
s.061 Neighbourhood areas in areas of two or more local planning authorities
s.061 Provision that may be made by neighbourhood development order
s.061 Meaning of “excluded development”
s.061 Permission granted by neighbourhood development orders
s.061 Revocation or modification of neighbourhood development orders
s.061 Legal challenges in relation to neighbourhood development orders
s.061 Provision as to the making of certain decisions by local planning authorities
s.061 Community right to build orders
s.061 Street vote development orders
s.061 Qualifying groups
s.061 Meaning of “street area”
s.061 Process for making street vote development orders
s.061 Referendums
s.061 Regulations: general provision
s.061 Provision that may be made by a street vote development order
s.061 Meaning of “excluded development”
s.061 Permission granted by street vote development orders
s.061 Revocation or modification of street vote development orders
s.061 Financial assistance in relation to street votes
s.061 Street votes: connected modifications
s.061 Interpretation
s.061 England: requirement to carry out pre-application consultation
s.061 Duty to take account of responses to consultation
s.061 Power to make supplementary provision
s.061 Pre-application services: records and statement of services
s.061 Wales: pre-application services
s.062 When application may be made directly to Secretary of State
s.062 Designation for the purposes of section 62A
s.062 Developments of national significance: applications to be made to Welsh Ministers
s.062 Notification of proposed application under section 62D
s.062 Developments of national significance: secondary consents
s.062 Developments of national significance: supplementary provision about secondary consents
s.062 Developments of national significance: meaning of secondary consent
s.062 Requirement to submit local impact report
s.062 Duty to have regard to local impact report
s.062 Local impact report: supplementary
s.062 Timetable for determining applications
s.062 Option to make application directly to Welsh Ministers
s.062 Designation for the purposes of section 62M
s.062 Option to make application to Welsh Ministers: connected applications
s.062 Applications to the Welsh Ministers: supplementary
s.062 Power to make provision by development order in respect of applications to Welsh Ministers
s.062 Exercise of functions by appointed person
s.062 Right to appeal to Welsh Ministers against notice
s.062 Appeals under section 62ZB: determination by appointed person
s.069 The register: additional requirements in relation to England
s.070 Power of local planning authority to decline to determine applications. Power to decline to determine subsequent application.
s.070 Power to decline to determine overlapping application
s.070 Power to decline to determine retrospective application
s.071 Assessment of environmental effects.
s.071 Decision notices: Wales
s.071 Notification of initiation of development and display of notice: Wales
s.073 Planning permission for development already carried out.
s.074 Deemed discharge of planning conditions
s.074 Conditions relating to construction working hours
s.074 Effect of application under section 74B
s.074 Sections 74B and 74C: supplementary
s.075 Provisions applying for purpose of applications made to the Welsh Ministers
s.076 Major infrastructure projects
s.076 Major infrastructure projects: inspectors
s.076 Provisions applying to applications made under section 62A
s.076 Deciding applications made under section 62A
s.076 Applications under section 62A: determination by Secretary of State
s.078 Appeal made: functions of local planning authorities
s.090 Biodiversity gain in England
s.092 Extension of outline planning permission etc in event of legal challenge
s.093 Extension of certain planning permissions: automatic extension
s.093 Extension of certain planning permissions: additional environmental approval
s.093 Interpretation of sections 93A and 93B
s.093 Outline planning permission: automatic extension of time limits for application for approval
s.093 Outline planning permission: automatic extension of certain time limits for beginning development
s.093 Outline planning permission: extension of limits for beginning development with additional environmental approval
s.093 Completion notices
s.093 Appeals against completion notices
s.093 Effect of completion notices
s.100 Wales: consultation etc in respect of certain applications relating to planning permission
s.100 Restrictions on power to impose planning conditions in England
Part 4

Compensation for Effects of Certain Orders, Notices, etc.

10 of 12 sections shown
s.109 Apportionment of compensation for depreciation. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must divide and notify on compensation for depreciationLocal authority

amended 8 times (opens in a new tab)

2 other sections in this Part — procedural and definitional
Part 5

0 of 18 sections shown
18 other sections in this Part — procedural and definitional
Part 6

Rights of owners etc. to require purchase of interests

24 of 41 sections shown
s.137 Purchase notices: Crown land Prosecution
  • Offer to sell your interest to the Crown before serving a purchase noticeAny Person

Unlimited fine · amended 7 times

s.139 Action by council on whom purchase notice is served. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Councils must respond to purchase notices within three monthsLocal authority

amended 10 times (opens in a new tab)

s.141 Action by Secretary of State in relation to purchase notice. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must decide on purchase notice actionsCrown / Minister / Government department

amended 11 times (opens in a new tab)

17 other sections in this Part — procedural and definitional
s.147 Application of Chapter I to National Parks.
s.164 Power of Welsh Ministers to acquire land identified by National Development Framework for Wales where blight notice served
s.165 Power of Secretary of State to acquire land identified in national policy statements where blight notice served
s.165 Power of Welsh Ministers to acquire land identified in infrastructure policy statements where blight notice served
s.165 Power of Greater London Authority to acquire land affected by designation of Mayoral development area where blight notice served
Part 7

Enforcement

37 of 47 sections shown
s.171 Expressions used in connection with enforcement.

amended 2 times

s.171 Time limits.

amended 2 times

s.171 Time limits in cases involving concealment

amended 2 times

s.171 Planning enforcement orders: procedure

amended 2 times

s.171 Making a planning enforcement order

amended 2 times

s.171 Power to require information about activities on land.

amended 2 times

s.171 Penalties for non-compliance with planning contravention notice. Prosecution
  • Fail to comply with planning contravention noticeAny Person

Fine up to £1,000 · amended 2 times

s.171 Temporary stop notice

amended 2 times

s.171 Temporary stop notice: restrictions Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must follow restrictions on stop noticesLocal authority

amended 2 times

s.171 Temporary stop notice: offences Prosecution
  • Breach a temporary stop noticeAny Person
  • Fail to comply with a temporary stop noticeAny Person

Unlimited fine · amended 2 times

s.171 Temporary stop notice: compensation

amended 2 times

s.172 Assurance as regards prosecution for person served with notice

amended 2 times

s.172 Enforcement warning notice: England

amended 2 times

s.173 Contents and effect of notice. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Planning Authority must issue detailed enforcement noticesLocal authority
s.178 Execution and cost of works required by enforcement notice. (opens in a new tab) Prosecution
  • Obstruct local planning authority executing enforcement worksAny Person

Fine up to £1,000

s.181 Enforcement notice to have effect against subsequent development. (opens in a new tab) Prosecution
  • Carry out unauthorised reinstatement after an enforcement noticeAny Person
  • Reinstate or restore unauthorised buildings/works after enforcement noticeAny Person

Unlimited fine

s.187 Penalties for contravention of stop notice. (opens in a new tab) Prosecution
  • Fail to comply with a stop noticeAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.187 Enforcement of conditions. Prosecution
  • Fail to comply with a breach of condition noticeAny Person
  • Fail to comply with planning condition noticeAny Person

Unlimited fine · amended 2 times

s.187 Injunctions restraining breaches of planning control.

amended 2 times

s.188 Register of enforcement and stop notices and other enforcement action. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must maintain a public register of planning enforcementLocal authority

amended 15 times (opens in a new tab)

s.196 Rights to enter without warrant.

amended 6 times

s.196 Right to enter under warrant.

amended 6 times

s.196 Rights of entry: supplementary provisions. Prosecution
  • Obstruct authorised entry onto landAny Person

Fine up to £1,000 · amended 6 times

s.196 Offence of failing to obtain planning permission for demolition of unlisted etc buildings in conservation areas in England

amended 6 times

s.196 Power to provide relief from enforcement of planning conditions

amended 6 times

10 other sections in this Part — procedural and definitional
s.173 Variation and withdrawal of enforcement notices.
s.173 Enforcement warning notice: Wales
Part 8

Special Controls

45 of 51 sections shown
s.202 Tree preservation regulations: general

amended 2 times

s.202 Tree preservation regulations: making of tree preservation orders

amended 2 times

s.202 Tree preservation regulations: prohibited activities

amended 2 times

s.202 Tree preservation regulations: consent for prohibited activities

amended 2 times

s.202 Tree preservation regulations: compensation

amended 2 times

s.202 Tree preservation regulations: registers

amended 2 times

s.202 Tree preservation regulations: supplementary

amended 2 times

s.206 Replacement of trees. (opens in a new tab) Prosecution
  • Replace protected trees that are removed, destroyed, or dieLandlord

Unlimited fine · amended 69 times (opens in a new tab)

s.209 Execution and cost of works required by s. 207 notice. (opens in a new tab) Prosecution
  • Obstruct enforcement of tree‑planting noticeAny Person
  • Obstruct local authority tree planting after enforcement noticeAny Person

Fine up to £1,000 · amended 4 times (opens in a new tab)

s.210 Penalties for non-compliance with tree preservation order regulations. (opens in a new tab) Prosecution
  • Cut down, damage or destroy a protected treeAny Person
  • Cut down or damage a protected tree without permissionAny Person

Unlimited fine · amended 6 times (opens in a new tab)

s.211 Preservation of trees in conservation areas. (opens in a new tab) Regulated
  • Carry out unauthorised work on a tree in a conservation areaAny Person
  • Damage or remove tree in conservation area without consentAny Person

amended 19 times (opens in a new tab)

s.213 Enforcement of controls as respects trees in conservation areas. (opens in a new tab) Prosecution
  • Replace trees removed or destroyed in conservation areasLandlord

Unlimited fine · amended 5 times (opens in a new tab)

s.214 Registers of s. 211 notices. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must maintain a register of tree noticesLocal authority
s.214 Rights of entry: supplementary provisions. Prosecution
  • Willfully obstruct a planning authority’s right of entryAny Person

Fine up to £1,000

s.216 Penalty for non-compliance with s. 215 notice. (opens in a new tab) Prosecution
  • Fail to comply with land maintenance noticeOccupier

Unlimited fine · amended 5 times (opens in a new tab)

s.221 Power to make different advertisement regulations for different areas. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must follow specific procedures when restricting advertisingCrown / Minister / Government department
s.224 Enforcement of control as to advertisements. (opens in a new tab) Prosecution
  • Display an unauthorised advertisementOccupier

Fine up to £2,500 · amended 6 times (opens in a new tab)

s.225 Power to remove structures used for unauthorised display

amended 8 times

s.225 Appeal against notice under section 225A

amended 8 times

s.225 Remedying persistent problems with unauthorised advertisements Prosecution
  • Comply with action notices regarding persistent unauthorised advertisementsOccupier

Unlimited fine · amended 8 times

s.225 Right to appeal against notice under section 225C

amended 8 times

s.225 Applying section 225C to statutory undertakers' operational land

amended 8 times

s.225 Power to remedy defacement of premises

amended 8 times

s.225 Notices under section 225F in respect of post boxes

amended 8 times

s.225 Section 225F powers as respects bus shelters and other street furniture

amended 8 times

s.225 Right to appeal against notice under section 225F

amended 8 times

s.225 Remedying defacement at owner or occupier's request

amended 8 times

s.225 Action under sections 225A, 225C and 225F: operational land

amended 8 times

6 other sections in this Part — procedural and definitional
s.214 Injunctions.
s.214 Rights to enter without warrant.
s.214 Right to enter under warrant.
Part 9

Acquisition and Appropriation of Land for Planning Purposes, etc.

22 of 23 sections shown
s.226 Compulsory acquisition of land by combined authorities and CCAs

amended 22 times

s.244 Powers of National Park authorities under Part IX.

amended 1 time

1 other section in this Part — procedural and definitional
Part 10

Highways

14 of 15 sections shown
1 other section in this Part — procedural and definitional
Part 11

Statutory Undertakers

16 of 22 sections shown
s.276 Procedure in relation to orders under s. 275. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities and Ministers must notify the public of utility representationsLocal authority

amended 1 time (opens in a new tab)

s.277 Relief of statutory undertakers from obligations rendered impracticable. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Minister may relieve utility companies of impossible legal obligationsCrown / Minister / Government department

amended 1 time (opens in a new tab)

6 other sections in this Part — procedural and definitional
Part 12

Validity

6 of 9 sections shown
Part 13

Application of Act to Crown Land

23 of 25 sections shown
s.293 Urgent Crown development: application to the Welsh Ministers

amended 16 times

s.293 Urgent Crown development: applications to the Secretary of State

amended 16 times

s.293 Urgent Crown development: determination of applications by the Secretary of State

amended 16 times

s.293 Crown development: applications to the Secretary of State

amended 16 times

s.293 Crown development: connected applications to the Secretary of State

amended 16 times

s.293 Applications under section 293D or 293E : supplementary matters

amended 16 times

s.293 Notifying parish councils of applications under section 293D (2) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must notify parish councils of Crown development applicationsCrown / Minister / Government department

amended 16 times

s.293 Provisions applying to applications made under section 293D or 293E

amended 16 times

s.293 Deciding applications made under section 293D or 293E

amended 16 times

s.293 Applications under section 293D or 293E : determination by the Secretary of State

amended 16 times

s.296 Enforcement in relation to the Crown Regulated
Other duties (1) — Crown / regulator
  • Local authorities must obtain Crown consent before enforcing on Crown landLocal authority

amended 3 times

s.296 References to an interest in land Regulated
Other duties (1) — Crown / regulator
  • Establish the correct authority for Crown or Duchy land interestsCrown / Minister / Government department

amended 3 times

s.298 Applications for planning permission etc by Crown

amended 3 times

s.299 Crown planning obligations.

amended 1 time

2 other sections in this Part — procedural and definitional
s.292 Application to the Crown
Part 14

Financial Provisions

11 of 16 sections shown
s.303 Responsibility of local planning authorities for costs of holding certain inquiries etc.

amended 27 times

s.303 Fees for appeals

amended 27 times

s.303 Directions in relation to fees set by English local planning authorities etc

amended 27 times

s.303 Surcharge on planning fees

amended 27 times

s.304 Grants for advice and assistance

amended 1 time

s.313 General provision as to receipts of Secretary of State. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must pay received funds into the Consolidated FundCrown / Minister / Government department
5 other sections in this Part — procedural and definitional
Part 15

Miscellaneous and General Provisions

30 of 48 sections shown
s.314 Wales: duties relating to listed buildings and features of architectural or historic interest Regulated
Other duties (1) — Crown / regulator
  • Authorities must prioritize preserving listed buildings in WalesLocal authority
s.316 Local planning authorities as statutory undertakers.

amended 8 times

s.318 Ecclesiastical property. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must notify the Diocesan Board of Finance regarding church landLocal authority

amended 15 times (opens in a new tab)

s.321 Appointed representative: no inquiry

amended 1 time

s.321 Special provision in relation to planning inquiries: Wales

amended 1 time

s.322 Orders as to costs: supplementary.

amended 7 times

s.322 Local inquiries in London: special provision as to costs in certain cases.

amended 7 times

s.322 Costs: Wales

amended 7 times

s.323 Procedure for certain proceedings: Wales

amended 12 times

s.325 Supplementary provisions as to rights of entry. (opens in a new tab) Prosecution
  • Wilfully obstruct an authorised entry officerAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.325 Rights of entry: Crown land

amended 2 times

s.327 Applications: compliance with requirements Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must reject invalid or incomplete applicationsLocal authority
s.329 Service of notices on the Crown

amended 13 times

s.330 Information as to interests in Crown land

amended 16 times

s.331 Offences by corporations. (opens in a new tab) Prosecution
  • Company and its officers liable for planning offencesDirector or Officer

Unlimited fine · amended 2 times (opens in a new tab)

18 other sections in this Part — procedural and definitional
s.319 Determination of procedure for certain proceedings: England
s.319 Determination of procedure for certain proceedings: Wales
s.319 Requirement for functions to be discharged by committee, sub-committee or officer
s.319 Size and composition of committee discharging functions
s.319 Sections 319ZA and 319ZB: supplementary
s.319 Interpretation of sections 319ZA to 319ZC
s.319 Training: local planning authorities in England
s.319 Training: certain mayoral planning functions
s.319 Requirement for functions to be discharged by committee, sub-committee or officer
s.319 Size and composition of committee discharging functions
s.319 Sections 319ZZC and 319ZZD: supplementary
s.319 Interpretation of sections 319ZZC to 319ZZE
s.327 Planning applications in England: powers as to form and content
Schedules

Schedules

24 of 287 shown
s.015 Preliminary (opens in a new tab) Prosecution
  • Obstruct a planning enforcement officerAny Person

Fine up to £200

s.sch001 (1) A local planning authority must not determine an application... Regulated
Other duties (1) — Crown / regulator
  • Consult county planning authority before deciding certain planning applicationsLocal authority
s.sch001 (1) A local planning authority who have the function of... Regulated
Other duties (1) — Crown / regulator
  • Notify parish councils of relevant planning applicationsLocal authority
s.sch001 (1) A local planning authority who have the function of... Regulated
Other duties (1) — Crown / regulator
  • Notify neighbourhood forums about relevant planning applicationsLocal authority
s.sch001a Distribution of Local Planning Authority Functions: Wales Regulated
  • Identify Enforcing Council for Planning Obligations in WalesAny Person
s.sch001a The local planning authority by whom compensation is to be... Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must pay compensation to statutory undertakersLocal authority
s.sch001a (1) A local planning authority who have the function of... Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must notify community councils of relevant planning applications on requestLocal authority
s.sch001a Claims for payment of compensation under a tree preservation order... Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must pay tree preservation order compensationLocal authority
s.sch004a (1) A local development order must be prepared in accordance... Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must follow prescribed procedure for local development ordersLocal authority
s.sch004a (1) The local planning authority may at any time prepare... Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must revise local development orders when directed by governmentLocal authority
s.sch004b (1) A qualifying body is entitled to submit a proposal... Regulated
  • Submit proposal for neighbourhood development order with required documentsAny Person
s.sch004b (1) If— (a) the local planning authority propose to make... Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must notify you if it disagrees with examiner's recommendationLocal authority
s.sch004b (1) A local planning authority may decline to consider a... Regulated
Other duties (1) — Crown / regulator
  • Local planning authority may decline to consider repeat neighbourhood development proposalsLocal authority
s.sch004c (1) A community organisation is authorised for the purposes of... Regulated
Other duties (1) — Crown / regulator
  • Notify proposer if planning authority declines community build order proposalLocal authority
s.sch004d A copy of a direction given under paragraph 9 in... Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must serve copies of directions on appointed person, applicant, and relevant authoritiesCrown / Minister / Government department
s.sch004d (1) The Welsh Ministers may by a further direction revoke... Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must revoke direction and appoint new decision-makerCrown / Minister / Government department
s.sch007 Where a local planning authority have prepared a proposed simplified... Regulated
Other duties (1) — Crown / regulator
  • Publish proposed simplified planning zone scheme and invite objectionsLocal authority
s.sch009 (1) Subject to sub-paragraph (2), nothing in a suspension order... Regulated
  • Notify mineral planning authority before recommencing mineral working under a suspension orderAny Person
s.sch009 (1) If it appears to the Secretary of State to... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State can make mineral planning orders without local authority consentCrown / Minister / Government department
s.sch009 (1) An order under paragraph 3 shall not take effect... Regulated
Other duties (1) — Crown / regulator
  • Mineral planning authority must notify landowners/occupiers about suspension orders and provide hearing opportunityLocal authority
s.sch009 (1) It shall be the duty of a mineral planning... Regulated
Other duties (1) — Crown / regulator
  • Mineral planning authority must review suspension orders every 5 yearsLocal authority
s.sch014 (1) The Secretary of State shall not confirm an order... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must obtain undertakers' consent before extinguishing rights of way over utility apparatusCrown / Minister / Government department
s.sch014 Where an order under section 257 or 258 has come... Regulated
Other duties (1) — Crown / regulator
  • Local authority must publish notice of planning order coming into forceLocal authority
s.sch015 (1) At any time before the relevant date any officer... Prosecution
  • Obstruct planning enforcement officerAny Person

Fine up to £200

263 other schedules
s.sch001 (1) In this Schedule “county matter” means in relation to...
s.sch001 Elsewhere than in a National Park, the functions of a...
s.sch001 (1) The functions of a local planning authority of—
s.sch001 In sections 178(1), 181(4)(b) and 190(2) to (5) any reference...
s.sch001 The functions of a local planning authority under section 187B...
s.sch001 (1) In the case of any area for which there...
s.sch001 The functions of local planning authorities under sections 69, 211,...
s.sch001 (1) The copy of the notice required to be served...
s.sch001 (1) Claims for payment of compensation under section 107 (including...
s.sch001 Claims for payment of compensation under a tree preservation order...
s.sch001 The local planning authority by whom compensation is to be...
s.sch001 (1) Elsewhere than in a metropolitan county or a National...
s.sch001 Local Planning Authorities: Distribution of Functions
s.sch001 (1) The local planning authority whom the Secretary of State...
s.sch001 (1) Subject to sub-paragraph (2), the provisions of this Schedule...
s.sch001 (1) The functions of a local planning authority of determining—...
s.sch001 (1) . . . . . . . . ....
s.sch001 (1) The Secretary of State may include in a development...
s.sch001 (1) A development order may also include provision requiring a...
s.sch001 (1) This paragraph applies to the functions of local planning...
s.sch001 (1) The functions of local planning authorities under the provisions...
s.sch001a (1) Where a local planning authority are not the local...
s.sch001a In relation to land in the area of a joint...
s.sch001a Paragraphs 4 to 10 apply only in relation to any...
s.sch001a In sections 178(1), 181(4)(b) and 190(2), (3) and (5) any...
s.sch001a The functions of a local planning authority under section 187B...
s.sch001a Where a local planning authority have made a tree preservation...
s.sch001a (1) The copy of the notice required to be served...
s.sch001a (1) Claims for payment of compensation under section 107 (including...
s.sch002 (1) Every existing plan which relates to any part of...
s.sch002 Development Plans: Transitional Provisions
s.sch002 Development Plans: Transitional Provisions
s.sch002 Development Plans: Transitional Provisions
s.sch002 Development Plans: Transitional Provisions
s.sch002 Development Plans: Transitional Provisions
s.sch002 Development Plans: Transitional Provisions
s.sch002 (1) Sub-paragraph (2) applies where— (a) a local plan is...
s.sch002 Development Plans: Transitional Provisions
s.sch002 (1) Where under Chapter I of Part II of this...
s.sch002 (1) This paragraph applies where— (a) a unitary development plan...
s.sch002 In this Part of this Schedule, “ local plan ”...
s.sch003 The carrying out of— (a) the rebuilding, as often as...
s.sch003 (1) Any reference in this Schedule to the cubic content...
s.sch003 Development Not Constituting New Development
s.sch003 (1) In this Schedule “at a material date” means at...
s.sch003 (1) In relation to a building erected after 1st July...
s.sch003 Development Not Constituting New Development
s.sch003 The use as two or more separate dwellinghouses of any...
s.sch003 Development Not Constituting New Development
s.sch003 Development Not Constituting New Development
s.sch003 Development Not Constituting New Development
s.sch003 Development Not Constituting New Development
s.sch003 Development Not Constituting New Development
s.sch003 Development Not Constituting New Development
s.sch003 Where after 1st July 1948— (a) any buildings or works...
s.sch004 Where on lst July 1948 land was being temporarily used...
s.sch004 Where on 1st July 1948 land was normally used for...
s.sch004 Where land was unoccupied on 1st July 1948, but had...
s.sch004 Notwithstanding anything in paragraphs 1 to 3, the use of...
s.sch004a Local development orders: procedure
s.sch004a A local development order is of no effect unless it...
s.sch004a (1) The report made under section 35 of the Planning...
s.sch004a (1) The report made by a local planning authority under...
s.sch004b Process for making of neighbourhood development orders
s.sch004b (1) The examiner must make a report on the draft...
s.sch004b (1) Regulations may make provision in connection with examinations under...
s.sch004b (1) This paragraph applies if an examiner has made a...
s.sch004b Regulations may make provision— (a) requiring any prescribed action falling...
s.sch004b Intervention powers of Secretary of State
s.sch004b Regulations may make provision supplementing that made by paragraph 13B;...
s.sch004b (1) This paragraph makes provision in relation to a referendum...
s.sch004b (1) The additional referendum mentioned in paragraph 12(4) must be...
s.sch004b (1) The Secretary of State ... may by regulations make...
s.sch004b In this Schedule— “ the Convention rights ” has the...
s.sch004b (1) A qualifying body may withdraw a proposal at any...
s.sch004b (1) A local planning authority must give such advice or...
s.sch004b (1) Regulations may make provision as to requirements that must...
s.sch004b (1) This paragraph applies if— (a) a proposal has been...
s.sch004b (1) This paragraph applies if— (a) a local planning authority...
s.sch004b (1) The examiner must consider the following—
s.sch004b (1) The general rule is that the examination of the...
s.sch004c Community right to build orders
s.sch004c (1) This Schedule makes special provision about a particular type...
s.sch004c (1) The provision made by sub-paragraphs (2) to (5) of...
s.sch004c (1) Regulations may make provision for securing that in prescribed...
s.sch004c (1) The provision that may be made by regulations under...
s.sch004c (1) A neighbourhood development order is a community right to...
s.sch004c (1) For the purposes of this Schedule a “community organisation”...
s.sch004c (1) A community organisation is to be regarded as a...
s.sch004c (1) A local planning authority must decline to consider a...
s.sch004c The provisions of Schedule 4B have effect in relation to...
s.sch004c Any reference in that Schedule to section 61E(2) includes a...
s.sch004c Any reference in that Schedule to section 61F includes a...
s.sch004d EXERCISE OF FUNCTIONS BY APPOINTED PERSON IN CONNECTION WITH DEVELOPMENTS OF NATIONAL SIGNIFICANCE AND APPLICATIONS MADE TO THE WELSH MINISTERS
s.sch004d (1) Unless a direction otherwise is given under paragraph 9,...
s.sch004d (1) Sub-paragraph (2) applies where, in consequence of a direction...
s.sch004d Subject to that, for the purpose of the exercise of...
s.sch004d Where an appointed person holds a hearing or inquiry in...
s.sch004d Unless a direction otherwise is given under paragraph 9—
s.sch004d Where a person has been appointed under paragraph ... 2...
s.sch004d (1) This paragraph applies for the purposes of paragraphs 5...
s.sch004d A person appointed under paragraph 2 to determine an application...
s.sch004d (1) Sub-paragraph (2) applies where any enactment (other than this...
s.sch004d Where a decision on a relevant application ... is determined...
s.sch004d (1) It is not a ground of application to the...
s.sch004d The Welsh Ministers may direct that functions specified in the...
s.sch005 (1) Every planning permission for development —
s.sch005 (1) Where— (a) planning permission for development consisting of the...
s.sch005 (1) In a case where— (a) the use specified in...
s.sch005 (1) Before imposing an aftercare condition, the mineral planning authority...
s.sch005 If, on the application of any person with an interest...
s.sch005 A person who has complied with an aftercare condition but...
s.sch005 An order under section 97 may in relation to planning...
s.sch005 Paragraphs 2(3) to (9) and 3 to 6 shall apply...
s.sch005 In this Schedule any reference to a mineral planning authority...
s.sch006 (1) The Secretary of State may by regulations prescribe classes...
s.sch006 (1) An appointed person shall have the same powers and...
s.sch006 (1) The Secretary of State may, if he thinks fit,...
s.sch006 (1) The Secretary of State may by a further direction...
s.sch006 (1) At any time before the appointed person has determined...
s.sch006 (1) Whether or not the parties to an appeal have...
s.sch006 If before or during the determination of an appeal under...
s.sch006 (1) The Tribunals and Inquiries Act 1992 shall apply to...
s.sch007 (1) A simplified planning zone scheme shall consist of a...
s.sch007 (1) Before the proposals have been adopted by the local...
s.sch007 (1) The Secretary of State may after considering proposals submitted...
s.sch007 (1) Where — (a) a local planning authority are directed...
s.sch007 (1) Without prejudice to the previous provisions of this Schedule,...
s.sch007 An authority who decide under section 83(2) to make or...
s.sch007 (1) If a person requests a local planning authority to...
s.sch007 (1) A simplified planning zone direction is—
s.sch007 (1) A local planning authority proposing to make or alter...
s.sch007 (1) The documents sent by the local planning authority to...
s.sch007 (1) Where objections to the proposed scheme or alterations are...
s.sch007 (1) After the expiry of the period for making objections...
s.sch007a Biodiversity gain in England
s.sch007a Overview
s.sch007a Registered offsite biodiversity gains
s.sch007a Biodiversity credits
s.sch007a General
s.sch007a Introduction
s.sch007a General Rule
s.sch007a The general rule does not apply where—
s.sch007a Rules in cases involving the Mayor of London
s.sch007a (1) This paragraph applies where— (a) the Mayor of London...
s.sch007a (1) This paragraph applies where— (a) the Mayor of London...
s.sch007a Rule in case involving combined authorities
s.sch007a Rule in cases involving orders made under other Acts
s.sch007a Supplementary
s.sch007a References in this Part of this Schedule to the local...
s.sch007a General condition of planning permission
s.sch007a Biodiversity gain plan
s.sch007a Approval of biodiversity gain plan
s.sch007a Regulations about determinations
s.sch007a Exceptions
s.sch007a Modifications for irreplaceable habitat
s.sch007a Modifications for particular kinds of planning permission
s.sch007a Biodiversity gain objective
s.sch007a (1) The Secretary of State may by regulations make provision...
s.sch007a Further application of this Part
s.sch007a Biodiversity value and the biodiversity metric
s.sch007a (1) The biodiversity metric is a document for measuring, for...
s.sch007a Pre-development biodiversity value
s.sch007a If— (a) a person carries on activities on land on...
s.sch007a If— (a) a person carries on activities on land on...
s.sch007a (1) This paragraph applies where there is insufficient evidence of...
s.sch007a Where planning permission is granted in respect of land which...
s.sch007a Post-development biodiversity value
s.sch007a (1) This paragraph applies in relation to any development for...
s.sch008 (1) A Planning Inquiry Commission shall consist of a chairman...
s.sch008 (1) Two or more of the matters mentioned in section...
s.sch008 (1) A commission inquiring into a matter referred to them...
s.sch008 (1) A reference to a Planning Inquiry Commission of a...
s.sch008 (1) A Planning Inquiry Commission shall, for the purpose of...
s.sch008 In relation to the matters specified in the first column...
s.sch008 Where an entry in the second, third or fourth columns...
s.sch009 (1) If, having regard to the development plan and to...
s.sch009 In this Schedule any reference to a mineral planning authority...
s.sch009 (1) An order under paragraph 1 may impose a restoration...
s.sch009 (1) Where it appears to the mineral planning authority—
s.sch009 (1) Where it appears to the mineral planning authority—
s.sch009 (1) At any time when a suspension order is in...
s.sch009 (1) Subject to sub-paragraph (2), a suspension order or a...
s.sch009 A suspension order or a supplementary suspension order shall be...
s.sch010 Where the building to be rebuilt or altered is the...
s.sch010 Where the building to be rebuilt or altered is not...
s.sch010 In determining under this Schedule the purpose for which floor...
s.sch010 (1) For the purposes of this Schedule gross floor space...
s.sch010 In relation to a building erected after 1st July 1948...
s.sch013 Blighted Land
s.sch013 Land within an area declared to be a clearance area...
s.sch013 Land which— (a) is surrounded by or adjoining an area...
s.sch013 Land indicated by information published in pursuance of section 92...
s.sch013 Land indicated in a development plan (otherwise than by being...
s.sch013 Land on or adjacent to the line of a highway...
s.sch013 Land shown on plans approved by a resolution of a...
s.sch013 Land comprised in the site of a highway as proposed...
s.sch013 Land shown on plans approved by a resolution of a...
s.sch013 Land shown in a written notice given by the Secretary...
s.sch013 Land which— (a) either— (i) is within the outer lines...
s.sch013 Land which is identified for the purposes of relevant public...
s.sch013 Land in Wales which is identified for the purposes of...
s.sch013 Land in Wales which is identified for the purposes of...
s.sch013 Blighted Land
s.sch013 Land indicated by information published in pursuance of section 257...
s.sch013 Land authorised by a special enactment to be compulsorily acquired,...
s.sch013 Land in respect of which— (a) a compulsory purchase order...
s.sch013 Land— (a) the compulsory acquisition of which is authorised by...
s.sch013 Land falls within this paragraph if— (a) the compulsory acquisition...
s.sch013 Land falls within this paragraph if— (a) the compulsory acquisition...
s.sch013 Land falls within this paragraph if the land is in...
s.sch013 (1) Land falls within this paragraph if the land is...
s.sch013 Blighted Land
s.sch013 Blighted Land
s.sch013 Land indicated in a plan (other than a development plan)...
s.sch013 Land in respect of which a local planning authority—
s.sch013 Land within an area described as the site of a...
s.sch013 Land within an area designated as the site of a...
s.sch013 Land which is— (a) within an area intended to be...
s.sch013 Land which is within an area designated under section 197...
s.sch014 (1) Before an order under section 257 or 258 is...
s.sch014 If no representations or objections are duly made, or if...
s.sch014 (1) This paragraph applies where any representation or objection which...
s.sch014 (1) A decision of the Secretary of State under paragraph...
s.sch014 Regulations under this Act may, subject to this Part of...
s.sch014 (1) As soon as possible after an order under section...
s.sch015 In this Schedule an application under section 302(3) and a...
s.sch015 (1) If it appears to the Secretary of State that...
s.sch015 The Secretary of State may give directions to any authority...
s.sch015 On any compliance determination application or any appeal under this...
s.sch015 (1) This paragraph applies where before the relevant date any...
s.sch015 (1) Any notice or other document required or authorised to...
s.sch015 Parts XIV and XV do not apply to section 302...
s.sch015 (1) A compliance determination application may be made with respect...
s.sch015 A compliance determination application shall be accompanied by such plans...
s.sch015 (1) The authority to whom a compliance determination application is...
s.sch015 (1) Where a compliance determination application is made to an...
s.sch015 (1) Where the applicant is aggrieved by a compliance determination,...
s.sch015 (1) On such an appeal the Secretary of State may...
s.sch015 Subject to paragraph 9 and to any determination or decision...
s.sch015 Where a compliance determination has been given that works on...
s.sch017 Schedule 17 para.1
s.sch017 The following provisions of the Highways Act 1980— section 73(1)...
s.sch017 The following further provisions of the Highways Act 1980—
s.sch017 Section 279 of the Highways Act 1980 so far as...
s.sch017 Any enactment making such provision as might by virtue of...
s.sch017 Any enactment which has been previously excluded or modified by...
s.sch020 The following abbreviations are used in this Table:— 1946 c....
s.sch020 The Table does not show the effect of transfer of...
s.sch020 The letter R followed by a number indicates that the...
s.sch020 The entry “drafting” indicates a provision of a mechanical or...

Help complying

Guvnor’s practical routes through this instrument.

Ecological compliance for development projects

Learn the full lifecycle of ecological obligations when developing land, from protected species surveys and wildlife licensing through to biodiversity net gain …

Planning appeal process

What to do when your planning application is refused. Understand your options, assess your chances, and decide whether to appeal, amend, or …

Planning compliance quick check

Quick check: Do you need planning permission for your development? Answer a few questions to find out whether you need to apply, …

Small site planning fast track

Quick checklist for SME developers submitting minor residential applications (1-9 dwellings). Skip the explanation - get straight to what you need to …

Do I need permission to fell trees or remove hedgerows?

Quick check covering felling licences, TPOs, conservation areas, and hedgerow regulations. Determine what permissions you need before carrying out tree or hedgerow …

Run a construction business

Ongoing compliance, site safety, and operational requirements for established construction businesses

Apply for planning permission

Step-by-step guide to submitting a planning application in England. Covers application types, required documents, fees, the determination process, and what happens after …

Make a planning appeal

How to appeal a planning refusal or non-determination to the Planning Inspectorate. Covers appeal types, deadlines, the process, and how to prepare …

Navigate Section 106 agreements

How to understand, negotiate, and manage Section 106 planning obligations. Covers what can be requested, the three legal tests, viability negotiations, and …

Respond to planning refusal

What to do when your planning application is refused. Understand your options: amend and resubmit, negotiate, appeal, or move on. How to …

Section 106 for small sites

How Section 106 planning obligations apply to small and medium residential developments. Covers what SME developers can expect, affordable housing thresholds, and …

Trees and hedgerows: quick reference for businesses

Quick reference covering felling licence thresholds, Tree Preservation Order penalties, hedgerow notification periods, conservation area rules, restocking obligations, and key contact points …

Work with Tree Preservation Orders

How to identify Tree Preservation Orders on your site, apply for consent to carry out works to protected trees, and comply with …

20 more guides that reference this instrument

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.