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Town and Country Planning Act 1968

1968 c. 72 · Enacted 25 October 1968

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

An Act to amend the law relating to town and country planning, the compulsory acquisition of land and the disposal of land by public authorities; to make provision for grants for research relating to, and education with respect to, the planning and design of the physical environment; to extend the purposes for which Exchequer contributions may be made under the Town Development Act 1952; and for connected purposes.

[25th October 1968]

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

  1. Part I: New Provisions as to Development Plans
  2. Survey and structure plan
  3. 1Survey of planning areas.
  4. 2Preparation of structure plans.
  5. 3Publicity in connection with preparation of structure plan.
  6. 4Approval or rejection of structure plan by Minister.
  7. 5Alteration of structure plans.
  8. Local plans
  9. 6Preparation of local plans.
  10. 7Publicity in connection with preparation of local plans.
  11. 8Inquiries etc. with respect to local plans.
  12. 9Adoption and approval of local plans.
  13. 10Alteration of local plans.
  14. Supplementary provisions
  15. 11Disregarding of representations with respect to development authorised by or under other enactments.
  16. 12Default powers of Minister.
  17. 13Supplementary provisions as to structure and local plans.
  18. 14Application to Greater London.
  19. Part II: Enforcement of Planning Control
  20. Enforcement notices
  21. 15New provision as to enforcement notices.
  22. 16Appeal against enforcement notice.
  23. Established use
  24. 17Certification of established use.
  25. 18Grant of certificate by Minister on referred application or appeal against refusal.
  26. Stop notices
  27. 19Power to stop further development pending proceedings on enforcement notice.
  28. 20Compensation for loss due to stop notice.
  29. Part III: Appeals
  30. 21Determination of planning and similar appeals by persons appointed by the Minister.
  31. 22Determination of appeals by the Minister.
  32. 23Appointment of another person to determine an appeal.
  33. 24Local inquiries and hearings.
  34. 25Stopping of appeals.
  35. 26Supplementary.
  36. Part IV: Acquisition and Disposal of Land
  37. Land acquisition by government departments and local authorities
  38. 27Repeal of existing provisions for compulsory acquisition of land.
  39. 28Compulsory acquisition of land in connection with development and for other planning purposes.
  40. 29Compulsory acquisition of land by certain Ministers.
  41. 30Power of authorities possessing compulsory purchase powers to make general vesting declarations.
  42. 31Compulsory purchase or appropriation of open spaces.
  43. 32Grounds on which Minister may refuse to confirm purchase notice.
  44. Planning blight
  45. 33New descriptions of land qualifying for protection.
  46. 34Power of mortgagee to serve blight notice.
  47. 35Extension of grounds of objection to blight notice.
  48. 36Compensation for compulsory purchase of land in clearance areas and of historic buildings.
  49. 37Miscellaneous amendments of Part VIII of principal Act.
  50. 38Consequential amendments of ss.138 to 150 of principal Act.
  51. Disposal of land by public authorities
  52. 39Restriction on exercise by public authorities of power of disposing of land.
  53. Part V: Buildings of Architectural or Historic Interest
  54. Restriction on demolition and other works
  55. 40New provisions restricting demolition etc. of listed buildings.
  56. 41Provisions supplementary to s.40.
  57. Owner's rights on refusal of consent to works
  58. 42Purchase notice on refusal or conditional grant of listed building consent.
  59. 43Compensation for refusal of consent to alterations etc.
  60. Enforcement
  61. 44Notice to enforce s. 40 control.
  62. 45Penalties for non-compliance with notice under s.44.
  63. 46Execution and cost of works required under enforcement procedure.
  64. 47Enforcement by, or by direction of, the Minister.
  65. Other measures open to local planning authority and the Minister
  66. 48Building preservation notice in respect of building not listed.
  67. 49Compensation for loss or damage caused by service of building preservation notice.
  68. 50Compulsory acquisition of listed building in need of repair.
  69. 51Repairs notice as preliminary to compulsory acquisition.
  70. 52Compensation on compulsory acquisition.
  71. 53Minimum compensation in case of building deliberately left derelict.
  72. Miscellaneous
  73. 54Matters which may be taken into account by Minister in listing buildings.
  74. 55Application of control to local planning authorities.
  75. 56Directions by Minister to local planning authorities with respect to development affecting Conservation Areas.
  76. 57Additional requirement of notice for development affecting Conservation Area.
  77. 58Removal of need for Minister's consent to certain local authority grants.
  78. 59Compulsory purchase affecting ancient monuments, etc.
  79. 60Crown land.
  80. Part VI: Miscellaneous Changes in Planning Law
  81. Planning Inquiry Commissions
  82. 61Constitution of Planning Inquiry Commissions.
  83. 62References to a Planning Inquiry Commission.
  84. 63Procedure on a reference to a Planning Inquiry Commission.
  85. Delegation of planning functions
  86. 64Delegation of planning functions to officers of local authorities.
  87. Duration of planning permission
  88. 65Limit of duration of planning permissions past and future.
  89. 66Outline planning permissions.
  90. 67Provisions supplementary to ss.65 and 66.
  91. 68Termination of planning permission by reference to time limit.
  92. Statutory undertakers
  93. 69New provision as to what is " operational land " of statutory undertakers.
  94. 70Planning applications and appeals by statutory undertakers.
  95. 71Restriction on entitlement of statutory undertakers to compensation for adverse planning decisions.
  96. 72Modifications of s.164 of principal Act.
  97. 73Notice for same purposes as s. 164, but given by statutory undertakers to developing authority.
  98. General planning control
  99. 74Expansion of building below ground to constitute development.
  100. 75Modification of transitory exemptions based on pre-1948 use.
  101. 76Posting of site notice prior to planning application.
  102. 77Extension of s.19 of principal Act with respect to development affecting trunk and special roads.
  103. 78Local register of planning applications.
  104. 79Reference to Minister of application for approval under outline planning permission.
  105. 80Unopposed revocation or modification of planning permission.
  106. 81Procedure in connection with making and confirmation of tree preservation orders.
  107. 82Notice by Minister to planning authority when exercising default powers.
  108. Control of office development
  109. 83Partial abrogation of dual control of office development.
  110. 84Modifications of section 7 of 1965 Act.
  111. 85Restriction on creation of office premises in building altered or extended.
  112. 86Corresponding restriction on planning permission for erection of several buildings.
  113. 87Provisions supplementary to ss. 83 to 86.
  114. 88Transfer of Minister's functions in relation to Location of Offices Bureau.
  115. Stopping-up and diversion of highways
  116. 89Transfer of Ministerial functions as to stopping-up etc. of footpaths and bridleways.
  117. 90Procedure for making orders for stopping-up and diverting highways.
  118. 91New powers to authorise stopping-up and diversion of highways.
  119. 92Conversion of highway into footpath or bridleway.
  120. 93Provision of amenity for highway reserved to pedestrians.
  121. 94Powers for local authorities analogous to s.153 of principal Act.
  122. 95Extinguishment of footpaths etc. over land held for planning purposes.
  123. 96Confirmation, validity, etc. of orders under ss.94 and 95.
  124. 97Miscellaneous amendments of Part IX of principal Act.
  125. Exchequer and Treasury matters
  126. 98Grants for research, etc.
  127. 99Exchequer contributions in connection with town development.
  128. 100Agreements of Crown Estate Commissioners.
  129. Punishment of offences
  130. 101Increase of certain penalties under principal Act.
  131. 102Offences by corporations.
  132. Part VII: General
  133. 103Expenses.
  134. 104Interpretation.
  135. 105Commencement.
  136. 106Adaptation, amendment and modification of enactments.
  137. 107Transitional provisions and savings.
  138. 108Repeals.
  139. 109Short title, citation and extent.
  140. Schedule 1: Special Provisions as to Development Plans in Greater London.
  141. Survey of planning areas
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. 3Paragraph 3
  145. Structure plans
  146. 4Paragraph 4
  147. 5Paragraph 5
  148. 6Paragraph 6
  149. 7Paragraph 7
  150. 8Paragraph 8
  151. 9Paragraph 9
  152. Alterations to structure plans
  153. 10Paragraph 10
  154. 11Paragraph 11
  155. 12Paragraph 12
  156. 13Paragraph 13
  157. Local plans
  158. 14Paragraph 14
  159. 15Paragraph 15
  160. 16Paragraph 16
  161. 17Paragraph 17
  162. 18Paragraph 18
  163. 19Paragraph 19
  164. Schedule 2: Provisions as to Established use Certificates.
  165. Application for certificate and appeal against refusal thereof
  166. 1Paragraph 1
  167. 2Paragraph 2
  168. 3Paragraph 3
  169. Provisions with respect to grant of certificate
  170. 4Paragraph 4
  171. 5Paragraph 5
  172. 6Paragraph 6
  173. Schedule 3: General Vesting Declarations for Land Compulsorily Acquired.
  174. Execution of general vesting declarations
  175. 1Paragraph 1
  176. 2Paragraph 2
  177. 3Paragraph 3
  178. 4Paragraph 4
  179. 5Paragraph 5
  180. Effect of general vesting declaration
  181. 6Paragraph 6
  182. 7Paragraph 7
  183. 8Paragraph 8
  184. 9Paragraph 9
  185. Recovery of compensation overpaid
  186. 10Paragraph 10
  187. 11Paragraph 11
  188. 12Paragraph 12
  189. 13Paragraph 13
  190. 14Paragraph 14
  191. 15Paragraph 15
  192. Supplemental
  193. 16Paragraph 16
  194. 17Paragraph 17
  195. Schedule 4Consequential Amendments of Planning Blight Provisions of 1962 Act.
  196. Schedule 5: Control of Works for Demolition, Alteration or Extension of Listed Buildings.
  197. Part I: Applications for Listed Building Consent
  198. 1Paragraph 1
  199. 2Paragraph 2
  200. 3Paragraph 3
  201. 4Paragraph 4
  202. 5Paragraph 5
  203. 6Paragraph 6
  204. 7Paragraph 7
  205. 8Paragraph 8
  206. Part II: Revocation of Listed Building Consent
  207. 9Paragraph 9
  208. 10Paragraph 10
  209. 11Paragraph 11
  210. 12Paragraph 12
  211. Part III: Proceedings on Listed Building Purchase Notice
  212. 13Paragraph 13
  213. 14Paragraph 14
  214. 15Paragraph 15
  215. 16Paragraph 16
  216. Part IV: Provisions about Listed Building Enforcement Notices
  217. 17Paragraph 17
  218. 18Paragraph 18
  219. Part V: Provisions Applicable on Lapse of Building Preservation Notice
  220. 19Paragraph 19
  221. 20Paragraph 20
  222. 21Paragraph 21
  223. 22Paragraph 22
  224. Schedule 6: Construction of References in Sections 62 and 63 to " the responsible minister or ministers ".
  225. 1Paragraph 1
  226. 2Paragraph 2
  227. Schedule 7: Procedure in connection with Orders relating to Footpaths and Bridleways.
  228. Part I: Confirmation of Orders
  229. 1Paragraph 1
  230. 2Paragraph 2
  231. 3Paragraph 3
  232. 4Paragraph 4
  233. 5Paragraph 5
  234. Part II: Publicity for Orders after Confirmation
  235. 6Paragraph 6
  236. Schedule 8: Increase of Penalties under Principal Act.
  237. Section 16 (Notification of application for planning permission to owners of the land and others)
  238. Section 47 (Penalties for non-compliance with enforcement notice)
  239. Section 51 (Effect of enforcement notice on subsequent development)
  240. Section 56 (Non-compliance with notice requiring proper maintenance of unoccupied or waste land)
  241. Section 61 (Enforcement of orders requiring discontinuance of use or alteration or removal of buildings or works)
  242. Section 63 (Enforcement of control of advertisements)
  243. Section 212 (Supplementary provisions as to rights of entry
  244. Section 215 (Power to require information as to interests in land)
  245. Schedule 9: Adaptation and Interpretation of Enactments, etc.
  246. Part I: General Provisions for Adaptation and Interpretation
  247. 1Paragraph 1
  248. 2Paragraph 2
  249. 3Paragraph 3
  250. 4Paragraph 4
  251. 5Paragraph 5
  252. 6Paragraph 6
  253. 7Paragraph 7
  254. 8Paragraph 8
  255. Part II: Specific Adaptations, Amendments and Modifications
  256. The Highways Act 1959 (c. 25)
  257. 9Paragraph 9
  258. The Public Health Act 1961 (c. 64)
  259. 10Paragraph 10
  260. The Town and Country Planning Act 1962 (c. 38)
  261. 11Paragraph 11
  262. 12Paragraph 12
  263. 13Paragraph 13
  264. 14Paragraph 14
  265. 15Paragraph 15
  266. 16Paragraph 16
  267. 17Paragraph 17
  268. 18Paragraph 18
  269. 19Paragraph 19
  270. 20Paragraph 20
  271. 21Paragraph 21
  272. 22Paragraph 22
  273. 23Paragraph 23
  274. 24Paragraph 24
  275. 25Paragraph 25
  276. 26Paragraph 26
  277. 27Paragraph 27
  278. 28Paragraph 28
  279. 29Paragraph 29
  280. 30Paragraph 30
  281. 31Paragraph 31
  282. 32Paragraph 32
  283. 33Paragraph 33
  284. 34Paragraph 34
  285. 35Paragraph 35
  286. 36Paragraph 36
  287. 37Paragraph 37
  288. 38Paragraph 38
  289. 39Paragraph 39
  290. 40Paragraph 40
  291. 41Paragraph 41
  292. 42Paragraph 42
  293. 43Paragraph 43
  294. 44Paragraph 44
  295. 45Paragraph 45
  296. 46Paragraph 46
  297. 47Paragraph 47
  298. 48Paragraph 48
  299. 49Paragraph 49
  300. 50Paragraph 50
  301. 51Paragraph 51
  302. 52Paragraph 52
  303. 53Paragraph 53
  304. 54Paragraph 54
  305. 55Paragraph 55
  306. 56Paragraph 56
  307. The London Government Act 1963 (c. 33)
  308. 57Paragraph 57
  309. 58Paragraph 58
  310. 59Paragraph 59
  311. 60Paragraph 60
  312. 61Paragraph 61
  313. The Control of Office and Industrial Development Act 1965 (c. 33)
  314. 62Paragraph 62
  315. 63Paragraph 63
  316. 64Paragraph 64
  317. The Industrial Development Act 1966 (c. 34)
  318. 65Paragraph 65
  319. 66Paragraph 66
  320. The Land Commission Act 1967 (c. 1)
  321. 67Paragraph 67
  322. The General Rate Act 1967 (c. 9)
  323. 68Paragraph 68
  324. The Civic Amenities Act 1967 (c. 69)
  325. 69Paragraph 69
  326. 70Paragraph 70
  327. 71Paragraph 71
  328. 72Paragraph 72
  329. 73Paragraph 73
  330. 74Paragraph 74
  331. The Leasehold Reform Act 1967 (c. 88)
  332. 75Paragraph 75
  333. Schedule 10: Transitional Provisions and Savings.
  334. Development plans
  335. 1Paragraph 1
  336. 2Paragraph 2
  337. 3Paragraph 3
  338. 4Paragraph 4
  339. 5Paragraph 5
  340. 6Paragraph 6
  341. 7Paragraph 7
  342. 8Paragraph 8
  343. 9Paragraph 9
  344. Enforcement of planning control
  345. 10Paragraph 10
  346. 11Paragraph 11
  347. 12Paragraph 12
  348. Acquisition of land
  349. 13Paragraph 13
  350. 14Paragraph 14
  351. 15Paragraph 15
  352. 16Paragraph 16
  353. 17Paragraph 17
  354. Buildings of architectural or historic interest
  355. 18Paragraph 18
  356. 19Paragraph 19
  357. 20Paragraph 20
  358. The National Coal Board
  359. 21Paragraph 21
  360. Schedule 11Enactments Repealed.