Planning and Compulsory Purchase Act 2004 in England
2004 c. 5 · Enacted 13 May 2004 · Extends to England, Wales and Scotland
An Act to make provision relating to spatial development and town and country planning; and the compulsory acquisition of land.
[13th May 2004]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3
Annotations to the whole text
Modifications
- C1
Act modified (E.W.) (24.8.2005) by Town and Country Planning (Isles of Scilly) Order 2005 (S.I. 2005/2085), art. 4(1) (with art. 5)
- C2
Act applied (E.W.) (with modifications) in Pt. (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), art. 4(5), Sch. 1 Pt. 2
- C3
Act: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)
Contents
- Part 1: Regional functions
- Spatial strategy
- 1Regional Spatial Strategy Repealed
- Planning bodies
- 2Regional planning bodies Repealed
- 3RPB: general functions Repealed
- 4Assistance from certain local authorities Repealed
- 4ADelegation of RPB functions to regional development agencies Repealed
- RSS revision
- 5RSS: revision Repealed
- 6RSS: community involvement Repealed
- 7RSS: Secretary of State’s functions Repealed
- 8RSS: examination in public Repealed
- 9RSS: further procedure Repealed
- 10Secretary of State: additional powers Repealed
- Supplementary
- 11Regulations Repealed
- 12Supplementary Repealed
- Part 1A: Strategic plan-making
- Strategic planning authorities and strategic planning boards
- 12ASpatial development strategy to be produced by strategic planning authorities
- 12BStrategic planning boards
- 12CRegulations about strategic planning boards
- Contents of spatial development strategy
- 12DContents of spatial development strategy
- Spatial development strategy timetable
- 12ETimetable for preparing spatial development strategy
- 12FSpatial development strategy timetable: further provision
- Preparation and adoption of spatial development strategy
- 12GPreparation of draft spatial development strategy
- 12HConsultation and representations
- 12IPublic examination
- 12JWithdrawal before adoption
- 12KSubmission to Secretary of State before adoption
- 12LAdoption of spatial development strategy
- Review, alteration and replacement of spatial development strategy
- 12MReview and monitoring
- 12NAlterations
- 12OReplacement
- Secretary of State’s intervention powers in relation to spatial development strategy
- 12PPowers where strategic planning authority is failing etc
- 12QPower to approve strategy where adoption resolution not passed
- 12RLiability for Secretary of State’s costs of intervention
- 12STemporary direction pending possible use of intervention powers
- Supplementary
- 12TSupplementary etc provision in connection with regulations about strategic planning boards
- 12URegulations
- 12VDirections
- 12WMeaning of “spatial development strategy” etc
- 12XInterpretation
- Part 2: Local development
- Survey
- 13Survey of area
- 14Survey of area: minerals and waste planning authorities and county councils
- Register
- 14ARegister of land
- Development schemes
- 15Local development scheme
- 16Minerals and waste development scheme
- Plan timetables
- 15BLocal plan timetable
- 15BALocal plan timetable: further provision about directions under section 15B
- 15BBMinerals and waste plan timetable
- Local, minerals and waste and supplementary plans
- 15CLocal plans
- 15CALocal plans: preparation and further provision
- 15CBMinerals and waste plan
- 15CCSupplementary plans
- Examination of plans
- 15DIndependent examination: local plans
- 15DAPause of independent examination for further work
- 15DBIndependent examination: supplementary plans
- Withdrawal and adoption of plans
- 15EWithdrawal of a local plan
- 15EAAdoption of local plan or supplementary plan
- Requirement in relation to design code
- 15FDesign code for whole area
- Revocation and revision of plans
- 15GRevocation of local plans and supplementary plans
- 15GARevision of local plan
- Intervention powers in relation to plans
- 15HPower to require Secretary of State approval
- 15HASecretary of State powers where local planning authority are failing etc
- 15HBSecretary of State powers where local planning authority fails to ensure design code
- 15HCLiability for Secretary of State’s costs of intervention
- 15HDDefault powers exercisable by Mayor of London, combined authority, combined county authority or county council
- 15HETemporary direction pending possible use of intervention or default powers
- Joint plans
- 15IJoint local plans by agreement or direction
- 15IAJoint local plans: application of Part
- 15IBJoint local plan agreement or direction: withdrawal or modification
- 15ICJoint supplementary plans by agreement
- Joint committees
- 15JJoint committees
- 15JAJoint committees: additional functions
- 15JBDissolution of joint committee
- General
- 15LExclusion of certain representations
- 15LADevelopment corporations: power to disapply provisions
- 15LBGuidance
- 15LCMonitoring information
- 15LDPolicies map
- 15LERegulations
- 15LFMeaning of “local planning authority” etc
- 15LGMeaning of “minerals and waste planning authority” etc
- 15LHInterpretation
- Documents
- 17Local development documents
- 18Statement of community involvement
- 19Preparation of local development documents
- 20Independent examination
- 21Intervention by Secretary of State
- 21ATemporary direction pending possible use of intervention powers
- 22Withdrawal of local development documents
- 23Adoption of local development documents
- 24Conformity with regional strategy
- 25Revocation of local development documents
- 26Revision of local development documents
- 27Secretary of State’s default powers
- 27ADefault powers exercisable by Mayor of London, combined authority , combined county authority or county council
- 28Joint local development documents
- 28APower to direct preparation of joint development plan documents
- 28BApplication of Part to joint development plan documents
- 28CModification or withdrawal of direction under section 28A
- Joint committees
- 29Joint committees
- 30Joint committees: additional functions
- 31Dissolution of joint committee
- Miscellaneous
- 32Exclusion of certain representations
- 33Urban development corporations
- 33ADuty to co-operate in relation to planning of sustainable development
- 34Guidance
- 35Authorities monitoring reports
- General
- 36Regulations and standards
- 37Interpretation
- Part 3: Development
- Development plan
- 38Development plan
- 38ZAMeaning of “national development management policy”
- 38AMeaning of “neighbourhood development plan”
- 38BProvision that may be made by neighbourhood development plans
- 38CSupplementary provisions
- Sustainable development
- 39Sustainable development
- Assistance with certain parts of development plan etc
- 39APower to require assistance with certain plan making
- Part 4: Development control
- Local development orders
- 40Local development orders
- Revision of development orders
- 41Effect of revision or revocation of development order on incomplete development
- Applications
- 42Applications for planning permission and certain consents
- 43Power to decline to determine applications
- Major infrastructure projects
- 44Major infrastructure projects
- Simplified planning zones Not yet in force
- 45Simplified planning zones Not yet in force
- Planning contribution
- 46Planning contribution Repealed
- 47Planning contribution: regulations Repealed
- 48Planning contribution: Wales Repealed
- Miscellaneous
- 49Development to include certain internal operations
- 50Appeal made: functions of local planning authority
- 51Duration of permission and consent
- 52Temporary stop notice
- 53Fees and charges
- 54Duty to respond to consultation
- 55Time in which Secretary of State to take decisions
- Part 5: Correction of errors
- 56Correction of errors in decisions
- 57Correction notice
- 58Effect of correction
- 59Supplementary
- Part 6: Wales
- National Development Framework
- 60National Development Framework for Wales
- 60APreparation of Framework: statement of public participation
- 60BProcedure for preparation and publication of Framework
- 60CReview and revision of Framework
- ...
- 60D... Repealed
- 60E... Repealed
- 60F... Repealed
- 60G... Repealed
- 60H... Repealed
- 60I... Repealed
- 60J... Repealed
- Strategic planning by corporate joint committees
- 60KCorporate joint committees to which this Part applies
- 60LCorporate joint committees: area survey
- 60MCorporate joint committee areas: strategic development plans
- 60NStrategic development plans: application of provisions of this Part
- Survey
- 61Survey
- Plans
- 62Local development plan
- 63Preparation requirements
- 64Independent examination
- 65Intervention by Assembly
- 66Withdrawal of local development plan in accordance with direction
- 66AWithdrawal of local development plan in absence of direction
- 67Adoption of local development plan
- 68Revocation of local development plan
- 68ADuty to consider whether to review local development plan
- 69Review of local development plan
- 70Revision of local development plan
- 71Assembly’s default power
- 72Joint local development plans
- Miscellaneous
- 73Exclusion of certain representations
- 74Urban development corporations
- 75Guidance
- 76Annual monitoring report
- General
- 77Regulations
- 78Interpretation
- Part 7: Crown application of planning Acts
- Chapter 1: England and Wales
- Crown application
- 79Crown application of planning Acts
- National security
- 80Special provision relating to national security
- 81Special provision relating to national security: Wales
- Urgent development and works
- 82Urgent Crown development
- 83Urgent works relating to Crown land
- Enforcement
- 84Enforcement in relation to Crown land
- Trees
- 85Tree preservation orders: Forestry Commissioners
- 86Trees in conservation areas: acts of Crown
- Miscellaneous
- 87Old mining permissions
- 88Subordinate legislation
- 89Crown application: transitional
- Crown application
- 90Crown application of Scottish planning Acts
- National security
- 91Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland
- Urgent development and works
- 92Urgent Crown development: Scotland
- 93Urgent works relating to Crown land: Scotland
- Enforcement
- 94Enforcement in relation to Crown land: Scotland
- Trees
- 95Tree preservation orders: Scotland
- 96Trees in conservation areas in Scotland: acts of Crown
- Miscellaneous
- 97Old mining permissions: Scotland
- 98Subordinate legislation: Scotland
- Part 8: Compulsory purchase
- Acquisition of land for development
- 99Compulsory acquisition of land for development etc
- Authorisation of compulsory acquisition
- 100Procedure for authorisation by authority other than a Minister
- 101Procedure for authorisation by a Minister
- 102Confirmation by acquiring authority
- Valuation date
- 103Assessment of compensation: valuation date
- Advance payments
- 104Compensation: advance payments to mortgagees
- Information
- 105Power to require information
- Loss payments
- 106Basic loss payment
- 107Occupier’s loss payment
- 108Loss payments: exclusions
- 109Loss payments: supplementary
- Corresponding amendments of other enactments
- 110Corresponding amendments of other enactments
- Part 9: Miscellaneous and general
- Crown
- 111Crown
- Parliament
- 112Parliament
- Miscellaneous
- 113Validity of strategies, plans and documents
- 114Examinations
- 115Grants for advice and assistance
- 116Isles of Scilly
- 117Interpretation
- General
- 118Amendments
- 119Transitionals
- 120Repeals
- 121Commencement
- 122Regulations and orders
- 123Finance
- 124Extent
- 125Short Title
- Schedule A1: Default powers exercisable by Mayor of London , combined authority , combined county authority or county council
- Default powers exercisable by Mayor of London
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Default powers exercisable by combined authority
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Default powers exercisable by combined county authority
- 7ZAParagraph 7ZA
- 7ZBParagraph 7ZB
- 7ZCParagraph 7ZC
- 7ZDParagraph 7ZD
- Default powers exercisable by county council
- 7AParagraph 7A
- 7BParagraph 7B
- 7CParagraph 7C
- 7DParagraph 7D
- Intervention by Secretary of State
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Temporary direction pending possible use of intervention powers
- 13Paragraph 13
- Schedule A2: Modification of neighbourhood development plans
- Proposals for modification of neighbourhood development plan
- 1Paragraph 1
- 2Paragraph 2
- Advice and assistance in connection with proposals
- 3Paragraph 3
- Requirements to be complied with before proposals made or considered
- 4Paragraph 4
- Consideration of proposals by authority
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Requirement to appoint examiner
- 9Paragraph 9
- What examiner must consider
- 10Paragraph 10
- 11Paragraph 11
- Procedure for examination
- 12Paragraph 12
- Recommendation by examiner
- 13Paragraph 13
- Functions of authority: modifications proposed by qualifying body
- 14Paragraph 14
- Regulations about examinations
- 15Paragraph 15
- Interpretation
- 16Paragraph 16
- Schedule 1: Local development orders: procedure
- Paragraph
- Schedule 2: Timetable for decisions
- Decisions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Timetable
- 4Paragraph 4
- Notice
- 5Paragraph 5
- Variation
- 6Paragraph 6
- Written reasons
- 7Paragraph 7
- Annual report
- 8Paragraph 8
- Schedule 2A: STRATEGIC PLANNING PANELS Repealed
- Part 1: STATUS AND MEMBERSHIP Repealed
- Status Repealed
- 1Paragraph 1 Repealed
- Membership Repealed
- 2Paragraph 2 Repealed
- Appointment of local planning authority members Repealed
- 3Paragraph 3 Repealed
- Appointment of nominated members Repealed
- 4Paragraph 4 Repealed
- Composition of strategic planning panels: further provision Repealed
- 5Paragraph 5 Repealed
- Terms and notice of appointments Repealed
- 6Paragraph 6 Repealed
- Members' allowances Repealed
- 7Paragraph 7 Repealed
- Termination of membership Repealed
- 8Paragraph 8 Repealed
- Termination of membership: further provision about local planning authority members Repealed
- 9Paragraph 9 Repealed
- Chair and deputy chair Repealed
- 10Paragraph 10 Repealed
- Part 2: ADMINISTRATION Repealed
- Staff Repealed
- 11Paragraph 11 Repealed
- Delegation Repealed
- 12Paragraph 12 Repealed
- Voting rights Repealed
- 13Paragraph 13 Repealed
- Procedure Repealed
- 14Paragraph 14 Repealed
- Access to meetings Repealed
- 15Paragraph 15 Repealed
- Part 3: FINANCIAL ARRANGEMENTS Repealed
- Qualifying expenditure Repealed
- 16Paragraph 16 Repealed
- Apportionment of qualifying expenditure Repealed
- 17Paragraph 17 Repealed
- Annual work programme and estimate of qualifying expenditure Repealed
- 18Paragraph 18 Repealed
- Payments by constituent local planning authorities Repealed
- 19Paragraph 19 Repealed
- Payments by Welsh Ministers Repealed
- 20Paragraph 20 Repealed
- Accounts and audit Repealed
- 21Paragraph 21 Repealed
- Annual report Repealed
- 22Paragraph 22 Repealed
- Financial year Repealed
- 23Paragraph 23 Repealed
- Part 4: SUPPLEMENTARY Repealed
- Guidance Repealed
- 24Paragraph 24 Repealed
- Default powers of Welsh Ministers Repealed
- 25Paragraph 25 Repealed
- Provision in connection with establishment etc of strategic planning panel Repealed
- 26Paragraph 26 Repealed
- Interpretation Repealed
- 27Paragraph 27 Repealed
- Power to amend provisions about strategic planning panels Repealed
- 28Paragraph 28 Repealed
- Schedule 3: Crown application
- Purchase notices
- 1Paragraph 1
- 2Paragraph 2
- Compulsory acquisition
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Definitions
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Special enforcement notices
- 9Paragraph 9
- Applications for planning permission, etc.
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Rights of entry
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Service of notices
- 16Paragraph 16
- Information as to interests in land
- 17Paragraph 17
- Listed buildings and conservation areas
- 18Paragraph 18
- 19Paragraph 19
- Hazardous substances
- 20Paragraph 20
- 21Paragraph 21
- Miscellaneous
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Schedule 4: Transitional provisions: Crown application
- Part 1: The principal Act
- Introduction
- 1Paragraph 1
- 2Paragraph 2
- Acceptable development
- 3Paragraph 3
- 4Paragraph 4
- Referred proposals
- 5Paragraph 5
- Pending proposals
- 6Paragraph 6
- Part 2: The listed buildings Act
- Introduction
- 7Paragraph 7
- 8Paragraph 8
- Acceptable works
- 9Paragraph 9
- 10Paragraph 10
- Referred proposals
- 11Paragraph 11
- Pending proposals
- 12Paragraph 12
- Purchase notices
- 1Paragraph 1
- 2Paragraph 2
- Compulsory acquisition
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Definitions
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Special enforcement notices
- 9Paragraph 9
- Applications for planning permission, etc.
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Rights of entry
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Service of notices
- 17Paragraph 17
- Information as to interests in land
- 18Paragraph 18
- Listed buildings and conservation areas
- 19Paragraph 19
- 20Paragraph 20
- Hazardous substances
- 21Paragraph 21
- 22Paragraph 22
- Miscellaneous
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Schedule 6: Amendments of the planning Acts
- Town and Country Planning Act 1990 (c. 8)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Planning (Hazardous Substances) Act 1990 (c. 10)
- 27Paragraph 27
- Schedule 7: Amendments of other enactments
- Gas Act 1965 (c. 36) Not yet in force
- 1Paragraph 1 Not yet in force
- Finance Act 1969 (c. 32)
- 2Paragraph 2
- Leasehold Reform Act 1967 (c. 88)
- 3Paragraph 3
- Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
- 4Paragraph 4
- Countryside Act 1968 (c. 41)
- 5Paragraph 5
- Greater London Council (General Powers) Act 1969 (c lii)
- 6Paragraph 6
- Land Compensation Act 1973 (c. 26)
- 7Paragraph 7
- Greater London Council (General Powers) Act 1973 (c xxx)
- 8Paragraph 8
- Welsh Development Agency Act 1975 (c. 70)
- 9Paragraph 9
- Local Government, Planning and Land Act 1980 (c. 65)
- 10Paragraph 10
- Highways Act 1980 (c. 66)
- 11Paragraph 11
- Acquisition of Land Act 1981 (c. 67)
- 12Paragraph 12
- Housing Act 1985 (c. 68)
- 13Paragraph 13
- Education Reform Act 1988 (c. 40)
- 14Paragraph 14
- Housing Act 1988 (c. 50)
- 15Paragraph 15
- Planning and Compensation Act 1991 (c. 34)
- 16Paragraph 16
- Local Government Act 1992 (c. 19)
- 17Paragraph 17
- ...
- 18Paragraph 18 Repealed
- Environment Act 1995 (c. 25)
- 19Paragraph 19
- Town and Country Planning (Scotland) Act 1997 (c. 8)
- 20Paragraph 20
- Regional Development Agencies Act 1998 (c. 45)
- 21Paragraph 21
- Greater London Authority Act 1999 (c. 29)
- 22Paragraph 22
- Countryside and Rights of Way Act 2000 (c. 37)
- 23Paragraph 23
- Schedule 8: Transitional provisions: Parts 1 and 2
- Development plan
- 1Paragraph 1
- Structure plans
- 2Paragraph 2
- Unitary development plan
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Local plan
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Minerals and waste local plans
- 14Paragraph 14
- Schemes
- 15Paragraph 15
- Savings
- 16Paragraph 16
- Regulations and orders
- 17Paragraph 17
- 18Paragraph 18
- Interpretation
- 19Paragraph 19
- Schedule 9Repeals