Town and Country Planning Act 1953

JurisdictionUK Non-devolved
Citation1953 c. 16


Town and Country Planning Act, 1953.

(1 & 2 Eliz. 2) CHAPTER 16

An Act to abolish development charges under the Town and Country Planning Act, 1947, and the Town and Country Planning (Scotland) Act, 1947, subject to certain savings and special provisions; to provide, subject to certain savings and special provisions, that the payments required by sections fifty-eight and fifty-five of those Acts respectively shall not be made and to make certain provision as to claims for and rights to receive such payments; to make provision as to the acquisition of land by the Central Land Board under sections forty-three and forty of those Acts respectively; to revoke Regulation 6 of the Town and Country Planning (Modification of Mines Act) Regulations, 1948, and Regulation 5 of the Town and Country Planning (Modification of Mines Act) (Scotland) Regulations, 1948; to suspend the operation of section thirty of the Mineral Workings Act, 1951; and for purposes connected with the matters aforesaid.

[20th May 1953]

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:—

S-1 Abolition of development charges.

1 Abolition of development charges.

(1) Subject to the provisions of section three of this Act, Part VII of the Town and Country Planning Act, 1947, and Part VI of the Town and Country Planning (Scotland) Act, 1947 (which relate to development charges), shall not apply and shall be deemed never to have applied to operations begun on or after the eighteenth day of November, nineteen hundred and fifty-two, or to uses of land instituted on or after that date.

(2) Where—

(a ) a development charge has been determined before the said eighteenth day of November; or

(b ) an application has been received by the Central Land Board for the determination of such a charge but no determination has been made before that date in pursuance of that application,

all the operations and uses covered by the determination or, as the case may be, by the application, shall be deemed for the purposes of this section to have been begun or instituted when the first operation so covered was begun or the first use so covered was instituted or, in the case of a determination or application covering both uses and operations, when the first operation was begun or the first use was instituted, whichever first occurred:

Provided that this subsection shall not, by virtue of paragraph (b ) thereof, apply to any operations or uses covered by an application if, under proviso (b ) or proviso (c ) to subsection (1) of section seventy of the Town and Country Planning Act, 1947, or under proviso (b ) or proviso (c ) to subsection (1) of section sixty-seven of the Town and Country Planning (Scotland) Act, 1947 (which relate to operations or uses which the Board are not satisfied can be carried out or instituted within an appropriate period), the Board refuse (whether before or after the passing of this Act) to determine a development charge covering those operations or uses.

(3) Where (whether before or after the passing of this Act) a determination of the amount of the development charge payable in respect of the use of land for any purpose is, in pursuance of subsection (2) of section seventy-two of the Town and Country Planning Act, 1947, or subsection (2) of section sixty-nine of the Town and Country Planning (Scotland) Act, 1947, so made as to cover a specified period only, the continuance of that use of that land after that period shall be deemed for the purposes of this section to be the institution of a new use.

(4) In the case of buildings or works authorised by planning permission granted for a limited period only, being a period expiring on or after the said eighteenth day of November, Part VII of the Town and Country Planning Act, 1947, or Part VI of the Town and Country Planning (Scotland) Act, 1947, as the case may be, shall not apply and shall be deemed never to have applied to the retention of the buildings or works after the expiration of that period.

In this subsection ‘planning permission granted for a limited period only’ includes a permission which, before the appointed day within the meaning of the said Acts, was granted under a planning scheme or under an interim development order and a determination which, before the said appointed day, was made under subsection (3) of section two of the Building Restrictions (War-Time Contraventions) Act, 1946, that any building or works should be deemed to comply with planning control within the meaning of that Act, being a permission or determination granted or made subject to conditions (in whatever form) restricting the period for which buildings or works might be retained on land.

(5) Any sum paid before the passing of this Act by way of development charge which, having regard to the provisions of this section, ought not to have been paid shall be repaid out of moneys provided by Parliament.

S-2 Provisions as to payments for depreciation of land values.

2 ...

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