Town and Country Planning General Regulations 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/1382 |
| Year | 1964 |
1964 No. 1382
TOWN AND COUNTRY PLANNING, ENGLAND
AND WALES
The Town and Country Planning General Regulations 196431stAugust 1964
8thSeptember 1964
1stOctober 1964
ARRANGEMENT OF REGULATIONS
PART I
TITLE, COMMENCEMENT AND INTERPRETATION
1. Citation and commencement.
2. Interpretation.
PART II
DELEGATION
3. Interpretation of part II.
4. Powers of delegation.
5. Terms to be included in delegation.
6. Requirement to delegate.
7. Joint planning boards.
8. Functions to be performed on behalf of local planning authority.
9. Savings.
PART III
TREE PRESERVATION ORDERS
10. Interpretation of part III.
11. Form and contents of order.
12. Submission of order.
13. Objections and representations.
14. Consideration by the Minister.
15. Action on receipt of the Minister's decision.
16. Savings.
PART IV
BUILDING PRESERVATION ORDERS
17. Interpretation of part IV.
18. Form of order.
19. Submission of order.
20. Consideration by the Minister.
21. Action on receipt of the Minister's decision.
22. Savings.
PART V
DEVELOPMENT BY LOCAL PLANNING AUTHORITIES
Development permissions
23. Application of Part III of the Act.
24. Deemed permission and applications to the Minister.
25. Register of applications: Board of Trade certificates.
26. Consultation and furnishing of information.
27. Directions to local planning authority.
Supplementary provisions
28. Other consents.
29. Delegate councils.
30. Savings.
PART VI
GENERAL
31. Notices under section 9.
32. Claims for compensation and purchase notices.
33. Marking of certain notices and documents.
34. Application of the Public Health Act 1936 to enforcement notices.
35. Concurrent procedure under section 86(5) for development plans and compulsory purchase orders.
36. Concurrent procedure for acquisition of land and extinguishment of rights of way.
37. Notices and counter-notices under sections 139 and 140.
38. Revocations and savings.
SCHEDULES:
Schedule 1—Terms of delegation of functions to an excepted council.
Schedule 2—Prescribed forms of notice for the purposes of section 139 and counter-notice for the purposes of section 140.
Schedule 3—Statutory instruments revoked.
The Minister of Housing and Local Government, in exercise of the powers conferred on him by sections 3, 9, 29, 31, 42, 49, 86, 118, 123, 124, 129, 135, 136, 139, 140, 157, 214, 217 and 221 of the Town and Country Planning Act 1962(a) and of all other powers enabling him in that behalf, and, in relation to part II, after consultation with the associations of local authorities with whom he considered consultation to be appropriate, hereby makes the following regulations:—
PART I
TITLE, COMMENCEMENT AND INTERPRETATION
Citation and commencement
1. These regulations may be cited as the Town and Country Planning General Regulations 1964 and shall come into operation on 1st October 1964.
Interpretation
2.—(1) In these regulations—
"the Act" means the Town and Country Planning Act 1962; and
"the Minister" means the Minister of Housing and Local Government.
(2) A section referred to by number in these regulations means the section so numbered in the Act.
(3) The Interpretation Act 1889(a) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
PART II
DELEGATION
Interpretation of part II
3.—(1) In this part of the regulations—
"excepted council" means a council of a county district having a population at the relevant date of 60,000 or more; provided that if at any date thereafter such population falls below 50,000 such council shall cease to be an excepted council;
"relevant date" means the date of the coming into operation of these regulations, or the date when the population of a county district not being the district of an excepted council is shown in accordance with paragraph (2) of this regulation to have reached 60,000 or more, as the case may be;
"Greater London" has the same meaning as in the London Government Act 1963(b);
"National Park" has the same meaning as in the National Parks and Access to the Countryside Act 1949(c);
"development plan" means a development plan as approved or made by the Minister or as for the time being amended under Part II of the Act.
(2) For the purposes of this part, the population of a county district shall at any date be taken to be its population as estimated in and at the date of publication of the latest estimate published by the Registrar General for England and Wales.
Powers of delegation
4.—(1) Outside Greater London, a local planning authority (other than the council of a county borough) may, with the consent of the Minister, enter into an agreement with the council of a county district wholly or partly in their area, to delegate to that council any of their functions under Parts III and IV and section 180 of the Act, upon such terms and subject to such conditions, restrictions and reservations as are set out in the said agreement and approved by the Minister.
(2) Any such agreement may include provision—
(a) for the transfer to the council of any liability of the local planning authority to pay compensation under Part VII or section 134 or 170 of the Act in respect of anything done by the council in the exercise of those functions;
(a) 52 & 53 Vict. c. 63.
(b) 1963 c. 33.
(c) 12, 13 & 14 Geo. 6. c. 97.
(b) for the transfer and compensation of any officers of the local planning authority;
and a copy of the agreement, as approved by the Minister, shall be open to inspection at all reasonable hours at the offices of the local planning authority and the council.
Terms to be included in delegation
5. It shall be a term of any such delegation—
(a) that the delegation may be terminated or any of its terms, conditions, restrictions or reservations varied by agreement between the parties with the consent of the Minister, and that it shall in any event terminate upon the withdrawal by the Minister of his consent thereto;
(b) that any document by which functions delegated under these regulations are exercised shall state that such functions are exercised on behalf of the local planning authority, but no such document shall be invalid by reason only that this requirement has not been complied with.
Requirement to delegate
6.—(1) Any excepted council may by a notice in writing served on the local planning authority within 3 months of the relevant date, or such longer period as the Minister may in any particular case allow, claim the right to exercise delegated functions under the next succeeding paragraph.
(2) Where a notice is served by an excepted council under the last preceding paragraph the local planning authority shall delegate to that council their functions under Parts III and IV and section 180 of the Act in accordance with the terms set out in Schedule 1 to these regulations, and such delegation shall take effect at the expiration of 6 months from the service of such notice or such earlier date as may be agreed between the council and the authority.
(3) An excepted council shall forthwith notify the Minister of—
(a) the service of a notice under paragraph (1) of this regulation;
(b) the date (if any) agreed for the taking effect of the delegation under paragraph (2) of this regulation.
(4) Where a council ceases to be an excepted council any delegation under paragraph (2) of this regulation shall cease to have effect at the expiration of 12 months from the date of the publication of the relevant estimate.
(5) The Minister may, on application by a council of a county district other than an excepted council, if he is satisfied that there are special circumstances by reason of which such council ought to be treated as if it were entitled to make a claim under paragraph (1) of this regulation, require the local planning authority to delegate to that council their functions under Parts III and IV and section 180 of the Act, and any such requirement shall be treated by the local planning authority and the council (except in relation to paragraph (3)(a) of this regulation) as if it were a notice served under paragraph (1) of this regulation.
(6) Nothing in this regulation shall apply to functions in respect of land in a National Park.
Joint planning boards
7. Where a local planning authority is a joint planning board, regulations 4 and 5 of these regulations shall have effect as if the reference in regulation 4 to the council of a county district wholly or partly in their area included a reference to the council of a county or of a county borough wholly or partly therein.
Functions to be performed on behalf of local planning authority
8. Any council to whom functions are delegated in accordance with these regulations shall perform those functions on behalf of the local planning authority.
Savings
9. Any delegation having effect under the Town and Country Planning (Delegation) Regulations 1959(a) shall continue in force as if it had been effected under these regulations until superseded by a delegation under these regulations.
PART III
TREE PRESERVATION ORDERS
Interpretation of part III
10. In this part of the regulations, unless the context otherwise requires—
"authority" includes a local planning authority making an order as hereinafter defined, and a local authority making such an order under powers delegated by a local planning authority; and
"order" means a tree preservation order made under section 29, and includes an order amending or revoking such an order.
Form and contents of order
11.—(1) Subject to the provisions of paragraph (2) of this regulation, an order shall be in such form as the authority may determine.
(2) The order shall define the position of the trees, groups of trees, or woodlands to which it relates, and for that purpose shall include a map, or refer to a map deposited for inspection at the offices of the authority. Any map so deposited shall be authenticated by the signature of the clerk of the authority.
Submission of order
12. An authority shall, on...
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