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(1) Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
(2) The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—
(a) the carrying out for the maintenance, improvement or other alteration of any building of works which—
(i) affect only the interior of the building, or
(ii) do not materially affect the external appearance of the building,
and are not works for making good war damage or works begun after 5th December 1968 for the alteration of a building by providing additional space in it underground;
(b) the carrying out on land within the boundaries of a road by a local highway authority of any works required for the maintenance or improvement of the road;
(c) the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;
(d) the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;
(e) the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;
(f) in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class.
(3) For the avoidance of doubt it is hereby declared that for the purposes of this section—
(a) the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;
(b) the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—
(i) the superficial area of the deposit is extended, or
(ii) the height of the deposit is extended and exceeds the level of the land adjoining the site.
(4) For the purposes of this Act mining operations include—
(a) the removal of material of any description—
(i) from a mineral-working deposit;
(ii) from a deposit of pulverised fuel ash or other furnace ash or clinker; or
(iii) from a deposit of iron, steel or other metallic slags; and
(b) the extraction of minerals from a disused railway embankment.
(5) Without prejudice to any regulations made under the provisions of this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.
(6) In this Act “new development” means any development other than development of a class specified in Part I or Part II of Schedule 3; and Part III of that Schedule has effect for the purposes of Parts I and II.
(1) Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated—
(a) if the development consists of the carrying out of operations, at the time when those operations are begun;
(b) if the development consists of a change in use, at the time when the new use is instituted;
(c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).
(2) For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.
(3) The provisions referred to in subsection (2) are sections 85(2), 86(6), 87(4), 91, 92 and 94.
(4) In subsection (2) “material operation” means—
(a) any work of construction in the course of the erection of a building;
(b) the digging of a trench which is to contain the foundations, or part of the foundations, of a building;
(c) the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (b);
(d) any operation in the course of laying out or constructing a road or part of a road;
(e) any change in the use of any land which constitutes material development.
(5) In subsection (4)(e) “material development” means any development other than—
(a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted;
(b) development falling within any of paragraphs 1, 2, 3 and 5 to 8 of Schedule 3 (as read with Part III of that Schedule); and
(c) development of any class prescribed for the purposes of this subsection.
(6) In subsection (5) “general development order” means a development order (within the meaning of section 59) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in England and Wales.
(1) Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.
(2) Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.
(3) Where by a development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.
(4) Where an enforcement notice has been issued in respect of any development of land, planning permission is not required for its use for the purpose for which (in accordance with the provisions of this Part of this Act) it could lawfully have been used if that development had not been carried out.
(5) In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.
(6) For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of Part III of the 1947 Act, Part III of the 1962 Act or Part III of the 1971 Act.
(7) Subsection (1) has effect subject to Schedule 4 (which makes special provision about use of land on 1st July 1948).
(1) Planning permission may be granted—
(a) by a development order;
(b) by the local planning authority (or, in the cases provided in this Part, by the Secretary of State) on application to the authority in accordance with a development order;
(c) on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 82 or, as the case may be, section 86; or
(d) on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 in accordance with section 88 of this Act.
(2) Planning permission may also be deemed to be granted under section 90 (development with government authorisation).
(3) This section is without prejudice to any other provisions of this Act providing for the granting of permission.
(1) The Secretary of State shall by order (in this Act referred to as a “development order”) provide for the granting of planning permission.
(2) A development order may either—
(a) itself grant planning permission for development specified in the order or for development of any class specified; or
(b) in respect of development for which planning permission is not granted by the order itself, provide for the granting of planning permission by the local planning authority (or, in the cases provided in the following provisions, by the Secretary of State) on application to the authority in accordance with the provisions of the order.
(3) A development order may be made either—
(a) as a general order applicable, except so far as the order otherwise provides, to all land, or
(b) as a special order applicable only to such land or descriptions of land as may be specified in the order.
(1) Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.
(2) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the approval of the local planning authority to be obtained with respect to the design or external appearance of the buildings.
(3) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the local planning authority to direct that the permission shall not apply either—
(a) in relation to development in a particular area, or
(b) in relation to any particular development.
(4) Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.
(1) A general development order may make different provision with respect to different descriptions of land.
(2) For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any pre 1947 Act enactment, or any regulations, orders or byelaws made at any time under any such enactment—
(a) shall not apply to any development specified in the order, or
(b) shall apply to it subject to such modifications as may be so specified.
(3) In subsection (2) “pre 1947 Act enactment” means—
(a) any enactment passed before 6th August 1947 (the date of the passing of the 1947 Act), and
(b) any enactment contained in the [1980 c. 66.] Highways Act 1980 which—
(i) is an enactment derived from the [1959 c. 25.] Highways Act 1959, and
(ii) re-enacts (with or without modifications) any such enactment as is mentioned in paragraph (a).
Any application to a local planning authority for planning permission—
(a) shall be made in such manner as may be prescribed by regulations under this Act; and
(b) shall include such particulars and be verified by such evidence as may be required by the regulations or by directions given by the local planning authority under them.
(1) An application for planning permission may relate to buildings or works constructed or carried out, or a use of land instituted, before the date of the application.
(2) Such an application may be—
(a) in respect of buildings or works constructed or carried out, or a use instituted, without planning permission or in accordance with planning permission granted for a limited period; or
(b) for permission to retain buildings or works, or continue the use of land, without complying with some condition subject to which a previous planning permission was granted.
(3) Any power to grant planning permission to develop land under this Act shall include power to grant planning permission for the retention on land of buildings or works constructed or carried out, or for the continuance of a use of land instituted, as mentioned in subsection (2); and references in the planning Acts to planning permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly.
(4) Any planning permission granted in accordance with subsection (3) may be granted—
(a) so as to take effect from the date on which the buildings or works were constructed or carried out or the use was instituted, or
(b) in the case of buildings or works constructed or carried out or a use instituted in accordance with planning permission granted for a limited period, so as to take effect from the end of that period.
(5) Subsection (3) shall not affect the construction of section 65, 71(1) or 197 or Part V.
(1) If any person who proposes to carry out any operations on land, or to make any change in the use of land—
(a) wishes to have it determined whether the carrying out of those operations, or the making of that change, would constitute or involve development of the land, and
(b) if so, whether an application for planning permission in respect of it is required under this Part (having regard to the provisions of any development order, enterprise zone scheme or simplified planning zone scheme),
he may apply to the local planning authority to determine that question.
(2) An application under subsection (1) may be made either as part of an application for planning permission or without any such application.
(3) The provisions of sections 59, 69(1), (2) and (5), 70, 74, 77, 78 and 79 shall, subject to any necessary modifications, apply in relation to any application under this section, and to the determination of it, as they apply in relation to applications for planning permission and to the determination of such applications.
(1) A development order may designate any class of development as development to which this section is to apply; and a class of development which is for the time being so designated is in this section referred to as “development of a designated class”.
(2) An application for planning permission for development of a designated class shall not be entertained by the local planning authority unless it is accompanied—
(a) by a copy of a notice of the application, in such form as may be prescribed by a development order, and by such evidence as may be so prescribed that the notice has been published in a local newspaper circulating in the locality in which the land to which the application relates is situated; and
(b) by a certificate signed by or on behalf of the applicant stating—
(i) that he has complied with subsection (3) and when he did so, or
(ii) that he has been unable to comply with it because he has not such rights of access or other rights in respect of the land as would enable him to do so, and that he has taken such reasonable steps as are open to him (specifying them) to acquire those rights but has been unable to acquire them.
(3) In order to comply with this subsection a person must—
(a) post on the land a notice, in such form as may be prescribed by a development order, stating that the application for planning permission is to be made; and
(b) leave the notice in position for not less than seven days in a period of not more than one month immediately preceding the making of the application to the local planning authority.
(4) The notice mentioned in subsection (3)—
(a) must be posted by affixing it firmly to some object on the land, and
(b) must be sited and displayed in such a way as to be easily visible and legible by members of the public without their going on the land.
(5) An applicant shall not be treated as unable to comply with subsection (3) if the notice is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsection (3)(b) have elapsed, if he has taken reasonable steps for its protection and, if need be, replacement.
(6) If an applicant has cause to rely on subsection (5) his certificate under subsection (2)(b) must state the relevant circumstances.
(7) The notice mentioned in subsection (2)(a) or required by subsection (3) shall (in addition to any other matters required to be contained in it) name a place within the locality where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice.
(8) That period shall not be less than 21 days beginning with the date on which the notice is published or, as the case may be, first posted.
(9) An application for planning permission for development of a designated class shall not be determined by the local planning authority before the end of the period of 21 days beginning with the date of the application.
(1) Without prejudice to section 65, a local planning authority shall not entertain any application for planning permission unless it is accompanied by one of the following certificates signed by or on behalf of the applicant—
(a) a certificate stating that, at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates;
(b) a certificate stating that the applicant has given the requisite notice of the application to all the persons (other than himself) who at the beginning of that period were owners of any of the land to which the application relates, and setting out—
(i) the names of those persons,
(ii) the addresses at which notice of the application was given to them respectively, and
(iii) the date of service of each such notice;
(c) a certificate stating—
(i) that the applicant is unable to issue a certificate in accordance with paragraph (a) or (b),
(ii) that he has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of the service of each such notice), and
(iii) that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons but has been unable to do so;
(d) a certificate stating—
(i) that the applicant is unable to issue a certificate in accordance with paragraph (a), and
(ii) that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) but has been unable to do so.
(2) Any such certificate as is mentioned in paragraph (c) or (d) of subsection (1) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate been published in a local newspaper circulating in the locality in which the land in question is situated.
(3) The date specified in a certificate under subsection (2) must not be earlier than the beginning of the period mentioned in subsection (1)(a).
(4) In addition to any other matters required to be contained in a certificate issued for the purposes of this section, every such certificate must contain a statement —
(a) that none of the land to which the application relates constitutes or forms part of an agricultural holding; or
(b) that the applicant has given the requisite notice of the application to every person (other than himself) who, at the beginning of the period mentioned in subsection (1)(a), was a tenant of any agricultural holding any part of which was comprised in the land to which the application relates.
(5) Such a statement as is mentioned in subsection (4)(b) must set out—
(a) the name of each person to whom the applicant has given notice of the application,
(b) the address at which notice was given to him, and
(c) the date of service of that notice.
(6) Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b),(c) or (d), or by a certificate containing a statement in accordance with subsections (4)(b) and (5), the local planning authority shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or, if later, the date of publication of a notice as mentioned in the certificate.
(7) In this section—
“owner”, in relation to any land, means a person who for the time being is—
the estate owner in respect of the fee simple in the land, or
entitled to a tenancy of the land granted or extended for a term of years certain of which not less than seven years remain unexpired; and
“agricultural holding” has the same meaning as in the [1986 c. 5.] Agricultural Holdings Act 1986.
(1) In the case of applications for planning permission for development consisting of the winning and working of minerals section 66 shall have effect with the following modifications.
(2) Subsection (1) of that section and the following provisions of this section shall have effect as if any person entitled to an interest in a relevant mineral in any of the land to which the application relates were an owner of the land.
(3) In the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operations, the local planning authority may entertain the application if, instead of being accompanied by any of the certificates mentioned in subsection (1) of that section, it is accompanied by a certificate signed by or on behalf of the applicant—
(a) stating that he has given the requisite notice of the application to such one or more of the persons specified in the certificate who, at the beginning of the period of 21 days ending with the date of the application, were owners (within the meaning of section 66) of any of the land to which the application relates or entitled to an interest in a relevant mineral in that land;
(b) setting out the names of those persons, the addresses at which notice of the application was given to them respectively and the date of service of each such notice;
(c) stating that there is no such person as is mentioned in paragraph (a) whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application; and
(d) stating that he has complied with subsection (7) and when he did so.
(4) In this section “relevant mineral” means any mineral other than oil, gas, coal, gold or silver.
(5) Any such certificate as is mentioned in subsection (3) must also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in it been published in a local newspaper circulating in the locality in which the land in question is situated.
(6) The date specified under subsection (5) must not be earlier than the beginning of the period mentioned in paragraph (a) of subsection (3).
(7) In order to comply with this subsection the applicant must—
(a) post the requisite notice of the application, sited and displayed in such a way as to be easily visible and legible by members of the public, in at least one place in every parish or community within which there is situated any part of the land to which the application relates; and
(b) leave the notice in position for not less than seven days in the period of 21 days immediately preceding the making of the application to the local planning authority.
(8) The applicant shall not be treated as unable to comply with subsection (7) if the notice is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsection (7)(b) have elapsed, if he has taken reasonable steps for its protection and, if need be, replacement.
(9) If the applicant has cause to rely on subsection (8), his certificate under subsection (3) shall state the relevant circumstances.
(10) The notice required by subsection (7) shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice (which must not be less than 21 days beginning with the date on which the notice is first posted).
(11) Subsections (4), (5) and (6) of section 66 shall apply in relation to certificates under subsection (3) as they apply to certificates under subsection (1)(b) of that section but as if at the end of subsection (6) there were added the words “or, if later, the latest of the dates on which a notice was posted as mentioned in subsection (7)(a) of section 67”.
(1) If any person—
(a) issues a certificate which purports to comply with the requirements of subsection (2)(b) of section 65 or of section 66 or 67 and contains a statement which he knows to be false or misleading in a material particular, or
(b) recklessly issues a certificate which purports to comply with those requirements and contains a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
(2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) Any certificate issued for the purpose of section 65, 66 or 67 shall be in such form as may be prescribed by a development order for a certificate under that section.
(4) Any reference in any provision of section 66 or 67 to the requisite notice, where a form of notice is prescribed by a development order for the purposes of that provision, is a reference to a notice in that form.
(1) Every local planning authority shall keep, in such manner as may be prescribed by a development order, a register containing such information as may be so prescribed with respect to applications for planning permission made to that authority.
(2) The register shall contain—
(a) information as to the manner in which such applications have been dealt with, and
(b) such information as may be prescribed by a development order with respect to simplified planning zone schemes relating to zones in the authority’s area.
(3) A development order may make provision for the register to be kept in two or more parts, each part containing such information relating to applications for planning permission made to the authority as may be prescribed by the order.
(4) A development order may also make provision—
(a) for a specified part of the register to contain copies of applications and of any plans or drawings submitted with them; and
(b) for the entry relating to any application, and everything relating to it, to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).
(5) Every register kept under this section shall be available for inspection by the public at all reasonable hours.
(1) Where an application is made to a local planning authority for planning permission—
(a) subject to sections 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or
(b) they may refuse planning permission.
(2) In dealing with such an application the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.
(3) Subsection (1) has effect subject to sections 65, 66 and 67 and to the following provisions of this Act, to sections 66, 67, 72 and 73 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 and to section 15 of the [1976 c. 83.] Health Services Act 1976.
(1) In determining any application for planning permission for development of a class designated under section 65, the local planning authority shall take into account any representations relating to that application which are received by them before the end of the period of 21 days beginning with the date of the application.
(2) Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b), (c) or (d) of section 66 or subsection (3) of section 67, or by a certificate containing a statement in accordance with subsection (4)(b) and (5) of section 66, the local planning authority—
(a) in determining the application, shall take into account any representations relating to it which are made to them, before the end of the period mentioned in subsection (6) of section 66, by any person who satisfies them that he is an owner of any land to which the application relates or that he is the tenant of an agricultural holding any part of which is comprised in that land; and
(b) shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (a);
and in the case of an application to which section 67 applies the reference in paragraph (a) to section 66(6) is a reference to that section as it applies by virtue of section 67(11).
(3) Before a local planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority with power to issue a site licence for that land, consult the local authority with that power.
(4) In this section—
“agricultural holding” has the same meaning as in section 66;
“owner” has the same meaning as in section 66 or, as the case may be, section 67; and
“site licence” means a licence under Part 1 of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site.
Town and Country Planning Act 1990