Town and Country Planning General Regulations 1976

JurisdictionUK Non-devolved
CitationSI 1976/1419
Year1976

1976 No. 1419

TOWN AND COUNTRY PLANNING,

ENGLAND AND WALES

The Town and Country Planning General Regulations 1976

1stSeptember 1976

10thSeptember 1976

1stOctober 1976

ARRANGEMENT OF REGULATIONS

PART I

TITLE, COMMENCEMENT AND INTERPRETATION

1. Citation and commencement.

2. Interpretation.

PART II

OBTAINING OF PLANNING PERMISSION BY LOCAL AUTHORITIES

Development Permissions

3. Application of Part III of the Act.

4. Deemed permission for development by a local authority.

5. Deemed permission for development of land vested in a local authority which it does not itself propose to carry out.

6. Exercise of powers by officers.

7. Applications to the Secretary of State.

8. Industrial development.

9. Office development.

10. Consultation and furnishing of information.

11. Development affecting highways.

12. Other consents.

13. Savings.

PART III

GENERAL

14. Claims for compensation and purchase notices.

15. Marking of certain notices and documents.

16. Application of the Public Health Act 1936 to enforcement notices.

17. Concurrent procedure for acquisition of land and extinguishment of rights of way.

18. Notices and counter-notices relating to planning blight.

19. Advertisement and notice of unopposed order revoking or modifying planning permission.

20. Revocation and savings.

SCHEDULES

SCHEDULE 1—Prescribed forms of blight notice and counter notice.

SCHEDULE 2—Advertisement and notice of unopposed order revoking or modifying a planning permission.

The Secretary of State for the Environment and the Secretary of State for Wales in exercise of the powers conferred on them by sections 164, 169, 170, 180, 187, 188, 189, 193, 194 and 283 of the Town and Country Planning Act 1971(a) and section 78 of the Land Compensation Act 1973(b) and of all other powers enabling them in that behalf, and the Secretary of State for the Environment also in exercise of the powers conferred on him by sections 46, 91, 177, 201, 212, 219, 270, 287 and 290 of the Town and Country Planning Act 1971 and of all other powers enabling him in that behalf, hereby make 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 1976 and shall come into operation on 1st October 1976.

Interpretation

2.—(1) In these regulations, except so far as the context otherwise requires—

"the Act" means the Town and Country Planning Act 1971;

"the Common Council" means the Common Council of the City of London;

"listed building" has the same meaning as in Part IV of the Act;

"local authority" means the council of a county or district, the Common Council, the Greater London Council, the council of a London borough and any other authority (except the Receiver for the Metropolitan Police District) who are a local authority within the meaning of the Local Loans Act 1875(c), and includes any drainage board, any joint board or joint committee and any special planning board established under paragraph 3 of Schedule 17 to the Local Government Act 1972(d), if all the constituent authorities are local authorities within the meaning of the said Act of 1875;

"local planning authority" means a county planning authority, a district planning authority, the council of a London borough, the Greater London Council and the Common Council.

(2) References in these regulations to the register of planning applications are to be interpreted as references to the register kept, pursuant to section 34 of the Act, by the local planning authority (as defined by article 17(1) of the Town and Country Planning General Development Order 1973(e) (as amended) (f)) for the area in which the land to which a resolution referred to in regulation 4(1) or regulation 5(2) relates is situated.

(3) A regulation referred to in these regulations only by number means the regulation so numbered in these regulations.

(4) The Interpretation Act 1889(g) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.

(a) 1971 c. 78.

(b) 1973 c. 26.

(c) 1875 c. 83.

(d) 1972 c. 70.

(e) S.I. 1973/31 (1973 I, p. 207).

(f) The relevant amending order is S.I. 1974/418 (1974 I, p. 1318).

(g) 1889 c. 63.

PART II

OBTAINING OF PLANNING PERMISSION BY LOCAL AUTHORITIES

Development permissions

Application of Part III of the Act

3. In relation to—

(a) development by a local authority being a local planning authority (other than the Greater London Council, the council of a London borough, the Common Council or, as respects land any part of which is within a National Park, a district council) of land within their area;

(b) development by the Greater London Council which by virtue of paragraph 3 of Schedule 3 to the Act is deemed to be development by that council of land in respect of which they are the local planning authority;

(c) development by the Greater London Council or the Inner London Education Authority of land in Greater London which is vested in the Council;

(d) development by the council of a London borough or the Common Council of land in their area which is vested in the corporation of the borough or the City, as the case may be, or development in respect of which the council are the local planning authority by virtue of paragraph 2 of Schedule 3 to the Act;

(e) development of any land which is vested in a local planning authority and which is situated within their area (other than development of land any part of which is within a National Park and which is vested in a district council),

the provisions of Part III of the Act specified in Part V of Schedule 21 to the Act shall have effect subject to the exceptions and modifications prescribed in regulations 4 to 12; and in this part of these regulations "the appropriate Part III provisions" means the provisions of Part III specified in the said Schedule.

Deemed permission for development by a local authority

4.—(1) The provisions of this regulation apply where the authority require a permission for development which they propose to carry out and which is not granted by a development order (other than a permission for development which consists in or includes works for the alteration or extension of a listed building) and where they resolve to seek permission for the carrying out of that development.

(2) The authority shall, after passing the resolution referred to in paragraph (1) of this regulation—

(a) give notice in writing—

(i) to all persons who at the date of the said resolution were entitled to a material interest (within the meaning of section 6(1) and (2) of the Community Land Act 1975(a) in any of the land on which the authority propose to carry out the development; and

(ii) where any of the said land constitutes or forms part of an agricultural holding (within the meaning of the Agricultural Holdings Act 1948(b)), on every person who was at the date of the resolution a tenant of such a holding,

(a) 1975 c. 77.

(b) 1948 c. 63.

that they are seeking permission to carry out the development, describing both the development and the land on which it is to be carried out;

(b) where the development consists of or includes development of any class which is prescribed for the purposes of section 26 of the Act, publish a notice of their proposal to seek permission for the development in a local newspaper circulating in the locality in which the land on which the authority proposes to carry out the development is situated, describing the development and the land on which it is to be carried out;

(c) where the development consists of or includes development within any of the descriptions set out in section 28(1) of the Act, publish in a local newspaper circulating in the locality in which the land is situated, and display (for not less than 7 days) on or near the land, notices describing the development;

and in each case such notice shall state that any objection to the proposal should be made to the authority in writing within such period (not being less than 21 days) as may be specified in the notice.

(3) After passing the resolution referred to in paragraph (1) of this regulation, the authority shall take steps to secure that a copy of it is placed in Part I of the register of planning applications, together with a plan indicating the land on which it is proposed to carry out the proposed development; and if the proposed development consists of or includes the carrying out of operations on the land and the resolution refers to plans showing details of those operations, those plans shall also be placed in Part I of the said register.

(4) The authority shall comply with the requirements of any development order and of any direction given by the Secretary of State thereunder as though the resolution to seek permission to carry out the development were an application for planning permission made to a local planning authority.

(5) On the expiry of—

(a) the period specified in the notice given pursuant to paragraph (2)(a) of this regulation; or

(b) the period specified in any notice given pursuant to paragraph (2)(b) of this regulation; or

(c) the period specified in any notice published or displayed pursuant to paragraph (2)(c) of this regulation; or

(d) the period specified in any development order or direction made thereunder (being a period during which a local planning authority is prohibited from granting planning permission on an application or from determining an application for planning permission); or

(e) the period of 21 days from the date when a copy of the resolution referred to in paragraph (1) of this regulation was placed in Part I of the register of planning applications,

whichever period last expires, the authority may, unless the Secretary of State has required them to make an application to him for permission for the development described in the resolution referred to in paragraph (1) of this regulation, resolve, by a resolution which is expressed to be...

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