Town and Country Planning Act 1962
10 & 11 Eliz. 2 c. 38 · Enacted 19 July 1962
An Act to consolidate certain enactments relating to town and country planning in England and Wales.
[19th July, 1962]
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:—
Contents
- Part I: Central and Local Administration
- 1The Minister
- 2Local planning authorities and committees
- 3Delegation of functions of local planning authorities
- Part II: Development Plans
- 4Surveys of planning areas and preparation of development plans
- 5Approval of development plans
- 6Amendment of development plans
- 7Additional powers of Minister with respect to development plans
- 8Incorporation in development plans of orders and schemes relating to highways and new towns
- 9Modification of development plans in relation to land designated as subject to compulsory acquisition
- 10Supplementary provisions as to development plans
- 11Publication, and date of operation, of development plans
- Part III: Planning Control
- Planning permission
- 12Meaning of “development” and “new development”
- 13Development requiring planning permission
- 14Development orders
- 15Publication of notices of applications for planning permission
- 16Notification of applications for planning permission to owners and agricultural tenants
- 17Determination by local planning authorities of applications for planning permission
- 18Conditional grant of planning permission
- 19Supplementary provisions as to applications for planning permission
- 20Permission to retain buildings or works or continue use of land
- 21Supplementary provisions as to effect of planning permission
- Minister's powers in relation to planning applications and decisions
- 22Reference of planning applications to Minister
- 23Appeals against planning decisions
- 24Appeal in default of planning decision
- 25Review of planning decisions where compensation claimed
- 26Supplementary provisions as to review of planning decisions
- Revocation or modification of planning permission
- 27Power to revoke or modify planning permission
- Additional powers of control
- 28Orders requiring discontinuance of use or alteration or removal of buildings or works
- 29Tree preservation orders
- 30Building preservation orders
- 31Supplementary provisions as to building preservation orders
- 32Lists of buildings of special architectural or historic interest
- 33Effect of inclusion of building in a list under s.32
- 34Control of advertisements
- 35Applications for planning permission not needed for advertisements complying with regulations
- 36Proper maintenance of waste land, etc.
- 37Agreements regulating development or use of land
- Special provisions as to industrial development
- 38Industrial development certificates
- 39Exemption of certain classes of development
- 40Provision for cases where industrial development certificate withheld
- Special provisions as to local authorities and statutory undertakers
- 41Deemed planning permission
- 42Application of planning control to local planning authorities
- Supplementary provisions
- 43Applications to determine whether planning permission required
- 44Appeal to independent tribunal
- Part IV: Enforcement of Planning Control
- Enforcement where planning permission required
- 45Power to serve enforcement notices
- 46Appeal to Minister against enforcement notice
- 47Penalties for non-compliance with enforcement notices
- 48Execution by local planning authority of work required by enforcement notice
- 49Supplementary provisions as to enforcement notices
- 50Effect of planning permission on enforcement notice
- 51Enforcement notice to have effect against subsequent development
- Enforcement of control in respect of listed buildings
- 52Notice to enforce control under s.33
- 53Appeal to Minister against notice under s.52
- 54Execution by local planning authority of work required by notice under s.52
- 55Supplementary provisions as to notices under s.52
- Enforcement of control under section 36
- 56Penalty for non-compliance with notice under s.36
- 57Appeal to magistrates' court against notice under s.36
- 58Further appeal to quarter sessions
- 59Execution by local planning authority of work required by notice under s.36
- 60Supplementary provisions as to notices under s.36
- Enforcement in other cases
- 61Enforcement of orders under s.28
- 62Enforcement of tree and building preservation orders
- 63Enforcement of control of advertisements
- Supplementary provisions
- 64Supplementary provisions as to appeals to Minister under Part IV
- 65Recovery of expenses of local planning authorities under Part IV
- 66Enforcement in relation to local planning authorities
- Part V: Acquisition and Appropriation of Land and Provisions related thereto
- Acquisition and appropriation of land
- 67Compulsory acquisition of designated land
- 68Compulsory acquisition of land for development
- 69Compulsory acquisition of building comprised in building preservation order
- 70Extinguishment of rights over land compulsorily acquired
- 71Acquisition of land by agreement
- 72Acquisition of land for purposes of exchange
- 73Appropriation of land for planning purposes
- Expedited completion of compulsory acquisition
- 74Order providing for expedited completion
- 75General effect of order providing for expedited completion
- 76Special provisions as to certain tenancies
- Powers exercisable in relation to land held for planning purposes, and other related powers
- 77Appropriation of land held for planning purposes
- 78Disposal of land held for planning purposes
- 79Development of land held for planning purposes
- 80Special provisions as to features and buildings of architectural or historic interest
- 81Power to override easements and other rights
- 82Use and development of consecrated land and burial grounds
- 83Use and development of land for open spaces
- 84Displacement of persons from land acquired or appropriated
- 85Constitution of joint body to hold land acquired for planning purposes
- Supplementary provisions
- 86Modification of incorporated enactments for purposes of Part V
- 87Interpretation of Part V
- Part VI: Compensation for Planning Decisions Restricting New Development
- Unexpended balance of established development value
- 88Scope of Part VI
- 89Derivation of unexpended balance from claims under Part VI of Act of 1947
- 90Original unexpended balance of established development value
- 91Claim holdings, their areas and values
- 92Adjustment of claim holdings
- 93General provision for continuance of original unexpended balance
- 94Reduction or extinguishment of balance in consequence of compensation
- 95Reduction or extinguishment of balance on initiation of new development
- 96Reduction or extinguishment of balance on acquisition of land under compulsory powers
- 97Reduction or extinguishment of balance in consequence of severance or injurious affection
- 98Supplementary provisions as to deductions from original balance
- 99Provision of information relating to unexpended balance
- Right to compensation
- 100General provision as to right to compensation
- 101Planning decisions not ranking for compensation
- 102No compensation if certain other development permitted
- 103Further exclusions from compensation
- 104Grant of planning permission treated as subject to notional condition
- 105Notice under s.40 treated as planning decision
- Measure of compensation
- 106General provisions as to amount of compensation
- 107Assessment of depreciation
- Claims for, and payment of, compensation
- 108General provisions as to claims for compensation
- 109Effect on claims of direction under s.25
- 110Determination of claims
- 111Payment of compensation
- Subsequent recovery of compensation
- 112Apportionment and registration of compensation
- 113Recovery of compensation on subsequent development
- 114Amount recoverable, and provisions for payment or remission thereof
- 115Amount recovered not to be deducted from unexpended balance
- Supplementary provisions
- 116Mortgages, rentcharges and settlements
- 117Calculation of value
- Part VII: Compensation for other Planning Restrictions
- Revocation or modification of planning permission
- 118Compensation where planning permission revoked or modified
- 119Application of s.118 to special cases of refusal or conditional grant of planning permission
- 120Registration and apportionment of compensation for depreciation
- 121Exchequer contribution towards compensation in certain cases
- 122Recovery, on subsequent development, of compensation under s.118
- Other restrictions
- 123Compensation for planning decisions restricting development other than new development
- 124Compensation in respect of orders under s.28
- 125Compensation in respect of tree and building preservation orders
- 126Compensation for restrictions on advertising
- Supplementary provisions
- 127General provisions as to compensation for depreciation under Part VII
- 128Determination of claims for compensation
- Part VIII: Provisions Enabling Owner to Require Purchase of his Interest
- Interests affected by planning decisions or orders
- 129Purchase notice on refusal or conditional grant of planning permission
- 130Action by council on whom purchase notice is served
- 131Procedure on reference of purchase notice to Minister
- 132Action by Minister in relation to purchase notice
- 133Effect of Minister's action in relation to purchase notice
- 134Special provisions as to compensation where purchase notice served
- 135Purchase notice in respect of order revoking or modifying planning permission
- 136Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works
- 137Purchase notices in other cases
- Interests of owner-occupiers affected by planning proposals
- 138Scope of these provisions
- 139Notice requiring purchase of claimant's interest
- 140Objection to notice requiring purchase of claimant's interest
- 141Reference of objection to Lands Tribunal
- 142Effect of valid notice requiring purchase
- 143Compensation for acquisition in pursuance of notice requiring purchase
- 144Withdrawal of notice requiring purchase
- 145Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire
- 146Death of claimant after service of notice requiring purchase
- 147“Appropriate authority” for purposes of these provisions
- 148“Appropriate enactment” for purposes of these provisions
- 149Meaning of “owner-occupier” and “resident owner-occupier”
- 150General interpretation of these provisions
- 151Special provisions as to partnerships
- Supplementary provisions
- 152No withdrawal of constructive notice to treat
- Part IX: Highways
- 153Stopping up and diversion of highways
- 154Procedure in relation to orders under s.153
- 155Extinguishment of public rights of way over land held for planning purposes
- 156Compulsory acquisition of land in connection with highways
- 157Concurrent proceedings in connection with highways
- 158Provisions as to telegraphic lines
- Part X: Statutory Undertakers
- General provisions
- 159Planning permission to develop operational land
- 160Development requiring authorisation of government department
- 161Revocation or modification of permission to develop operational land
- 162Order requiring discontinuance of use etc. of operational land
- 163Acquisition of land of statutory undertakers
- 164Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers
- 165Orders under s.164
- 166Extension or modification of functions of statutory undertakers
- 167Procedure in relation to orders under s.166
- 168Relief of statutory undertakers from obligations rendered impracticable
- 169Objections to orders under ss.166 and 168
- Compensation
- 170Right to compensation in respect of certain decisions and orders
- 171Measure of compensation to statutory undertakers
- 172Exclusion of s.171 at option of statutory undertakers
- 173Procedure for assessing compensation where s.171 applies
- Supplementary provisions
- 174Special provisions as to display of advertisements on operational land
- 175Special provisions as to statutory undertakers who are local planning authorities
- Part XI: Validity of Planning Instruments and Decisions, and Proceedings Relating Thereto
- 176Validity of development plans and of certain orders, decisions and directions
- 177Validity of enforcement notices and similar notices
- 178Proceedings for questioning validity of development plans and of orders under ss.153 and 168
- 179Proceedings for questioning validity of other orders, decisions and directions
- 180Appeals to High Court relating to enforcement notices and similar notices
- 181Appeals to High Court against decisions under s.43
- 182Special provision as to decisions relating to statutory undertakers
- 183Special provisions as to orders subject to special parliamentary procedure
- Part XII: Financial Provisions
- 184Exchequer grants to local authorities
- 185Maximum amounts of grants
- 186Supplementary provisions as to Exchequer grants
- 187Loans to local authorities
- 188Contributions by Ministers towards compensation paid by local authorities
- 189Contributions by local authorities and statutory undertakers
- 190Recovery from acquiring authorities of sums paid by way of compensation
- 191Recovery from acquiring authorities of sums paid in respect of war-damaged land
- 192Sums recoverable from acquiring authorities reckonable for purposes of grant
- 193Expenses of government departments
- 194Repayment of sums issued out of Consolidated Fund in respect of certain payments
- 195General provision as to receipts of Minister
- 196Expenses of county councils
- Part XIII: Application of Act to Special Cases
- Minerals
- 197Power to modify Act in relation to minerals
- 198Modification of Mines (Working Facilities and Support) Act, 1923
- Crown land
- 199Exercise of powers in relation to Crown land
- 200Agreements relating to Crown land
- 201Supplementary provisions as to Crown and Duchy interests
- London and Isles of Stilly
- 202Application of Act to London
- 203Application of Act to Isles of Scilly
- Other special cases
- 204National Coal Board
- 205Ecclesiastical property
- 206Settled land, and land of universities and colleges
- Part XIV: Miscellaneous and Supplementary Provisions
- 207Default powers of Minister
- 208Recovery, on subsequent development, of payments in respect of war-damaged land
- 209Development charges
- 210Temporary provisions pending operation of development plans
- 211Rights of entry
- 212Supplementary provisions as to rights of entry
- 213Local inquiries
- 214Service of notices
- 215Power to require information as to interests in land
- 216Combined applications
- 217Regulations and orders
- 218Exercise of functions of Board of Trade
- 219Licensing planning areas
- 220Act not excluded by special enactments
- 221Interpretation
- 222Consequential amendments
- 223Savings, transitional provisions and repeals
- 224Saving for Interpretation Act, 1889, s.38
- 225Commencement
- 226Short title and extent
- Schedule FIRST: Joint Planning Boards
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule SECOND: Planning Committees and Joint Advisory Committees
- Part I
- Planning committees
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part II
- Joint advisory committees
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule THIRD: Development not Constituting New Development
- Part I
- Development not ranking for compensation under s.123
- 1Paragraph 1
- 2Paragraph 2
- Part II
- Development ranking for compensation under s.123
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part III
- Supplementary provisions
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule FOURTH: Further Provisions with respect to Orders Providing for Expedited Completion
- Introductory
- 1Paragraph 1
- Particulars to be included in notice of confirmation of order
- 2Paragraph 2
- Certificate of acquiring authority for purpose of determining date of vesting
- 3Paragraph 3
- Exclusion of power of entry conferred by Act of 1946
- 4Paragraph 4
- Restriction on withdrawal of constructive notice to treat
- 5Paragraph 5
- Special provisions with respect to parts of buildings, etc.
- 6Paragraph 6
- 7Paragraph 7
- Compensation not to be affected by provision for expedited completion
- 8Paragraph 8
- Exclusion of provisions of Act of 1845 relating to absent parties and interests omitted to be purchased
- 9Paragraph 9
- Rentcharges and leases affecting relevant land and other land
- 10Paragraph 10
- 11Paragraph 11
- Miscellaneous
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule FIFTH: Adjustment of Claim Holdings
- Part I
- Adjustment of claim holdings pledged to Central Land Board as security for development charges
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part II
- Adjustment by reference to payments in respect of war-damaged land
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part III
- Adjustment in cases of partial disposition of claim holdings
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part IV
- Adjustment in respect of payments under Part I of Act of 1954
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Part V
- Adjustment in respect of compensation under Part V of Act of 1954
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Part VI
- Supplementary provisions
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Schedule SIXTH: Calculation of Value of Previous Development of Land
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule SEVENTH: Apportionment of Unexpended Balance of Established Development Value
- Determination of relevant area
- 1Paragraph 1
- Preliminary calculations
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Apportionment of unexpended balance between interests
- 5Paragraph 5
- Application of Schedule to past acquisitions
- 6Paragraph 6
- Interpretation
- 7Paragraph 7
- Schedule EIGHTH: Provisions of Act referred to in sections 187, 196, 197, 203 to 205, 215 and 217
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule NINTH: Provisions relating to London
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Schedule TENTH: Development Charges
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule ELEVENTH: Enactments excepted from S. 217 (5)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule TWELFTH: Enactments Amended
- The Building Restrictions (War-Time Contraventions(9 & 10 Geo. 6, c. 35)
- The Civil Aviation Act, 1949(12, 13 and 14 Geo. 6, c. 67)
- The Town Development Act, 1952(15 & 16 Geo. 6 and 1 Eliz. 2. c. 54)
- The Highways Act, 1959(7 & 8 Eliz. 2. c. 25)
- The Town and Country Planning Act, 1959(7 & 8 Eliz. 2. c. 53)
- Schedule THIRTEENTH: Savings and Transitional Provisions relating to Enactments previously Repealed
- Schemes and agreements
- 1Paragraph 1
- 2Paragraph 2
- Land declared subject to compulsory purchase
- 3Paragraph 3
- Compulsory purchase orders under Act of 1944
- 4Paragraph 4
- Land acquired under Act of 1944
- 5Paragraph 5
- Development authorised under enactments previously repealed
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Development contravening planning control under enactments previously repealed
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- General and supplementary provisions
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Schedule FOURTEENTH: Further Savings and Transitional Provisions
- Part I: General Provisions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part II: Provisions Relating to Part I of Act
- Transfer of property and officers to local planning authorities
- 9Paragraph 9
- Part III: Provisions Relating to Part III of Act
- Planning permission
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Review of planning decisions and orders under Part V of Act of 1954
- 13Paragraph 13
- Maintenance of waste land, etc.
- 14Paragraph 14
- Industrial development
- 15Paragraph 15
- Application to determine whether planning permission required
- 16Paragraph 16
- Part IV: Provisions relating to Part IV of Act
- Enforcement notices
- 17Paragraph 17
- Notices in respect of listed buildings
- 18Paragraph 18
- Notices in respect of waste land, etc.
- 19Paragraph 19
- Building preservation orders and control of advertisements
- 20Paragraph 20
- Part V: Provisions relating to Part V of Act
- Consent of Minister to acquisition, appropriation or disposal of land
- 21Paragraph 21
- Land acquired, or authorised to be acquired, under Part IV of Act of 1947
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Part VI: Provisions relating to Part VI of Act
- Compensation under Part V of Act of 1954
- 27Paragraph 27
- Provision excluding recovery of compensation
- 28Paragraph 28
- Part VII: Provisions relating to Part VII of Act
- Exchequer contribution towards compensation
- 29Paragraph 29
- Recovery of compensation
- 30Paragraph 30
- Part VIII: Provisions Relating to Part X of Act
- Application of s.164 to land acquired by Central Land Board
- 31Paragraph 31
- Part IX: Provisions Relating to Part XI of Act
- Orders made and action taken before 16th August, 1959
- 32Paragraph 32
- 33Paragraph 33
- Notices served before 29th August, 1960
- 34Paragraph 34
- 35Paragraph 35
- Directions under Part V of Act of 1954
- 36Paragraph 36
- Part X: Provisions Applicable to Part XII of Act
- Exchequer grants to local authorities
- 37Paragraph 37
- Recovery of sums from acquiring authorities
- 38Paragraph 38
- 39Paragraph 39
- Financing of payments under s. 59 of Act of 1947
- 40Paragraph 40
- Financing of payments under Parts I and V of Act of 1954
- 41Paragraph 41
- Payments into the Exchequer
- 42Paragraph 42
- Part XI: Provisions Relating to Part XIII of Act
- Minerals
- 43Paragraph 43
- 44Paragraph 44
- Ecclesiastical property, settled land, and land of universities and colleges
- 45Paragraph 45
- Part XII: Miscellaneous and Supplementary Provisions
- Registration of payments under s. 59 of Act of 1947
- 46Paragraph 46
- Saving for Act of 1944 as applied by other enactments
- 47Paragraph 47
- 48Paragraph 48
- Definition of “local authority”
- 49Paragraph 49
- Saving for powers of Postmaster-General
- 50Paragraph 50
- Saving in respect of works below high-water mark
- 51Paragraph 51
- Land Compensation Act, 1961, s. 31
- 52Paragraph 52
- “The Minister” in relation to time before 3rd November, 1951
- 53Paragraph 53
- Supplementary
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- Schedule FIFTEENTHEnactments Repealed